EUR-Charts

Suggested solution:

The most important types of discrimination that are prohibited are nationality (Regulation 883/2004/EC), sex (Directives 97/7/EC, 86/613/EEC, 2004/113/EC and 2006/54/EC), racial or ethnic origin (Directive 2000/43/EC) as well as religion or belief, disability, age and sexual orientation (Directive 2000/78/EC). In addition, there is legislation that prohibits other types of discrimination, such as discrimination against workers performing part-time work or fixed-term work.

As for types of discrimination not mentioned either in the TFEU or in secondary law, it may be prohibited under the Charter of Fundamental rights. According to Art. 21(1) of the Charter, any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited. This list is longer than the list of types of discrimination prohibited under the Treaties and secondary law. Further, the words “such as” indicate that this list is not exhaustive, i.e. other grounds may be included. However, according to Art. 51, the provisions of the Charter apply only within the scope of EU law. In particular, they are addressed to the Member States only when they are implementing Union law. It remains to be seen what this means for the effect (in particular the direct effect) of the provisions of the Charter.

As for types of discrimination that are not mentioned in EU law, it remains open to the Member States to include prohibitions in their national law. For example discrimination on grounds of health is prohibited under French employment law.

[Relevant Charts: Chapter 10, in particular Charts 10/8 and 10/18, further Chart 7/10]

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