The Greek Ombudsman as National Equality Body

1. The Greek Ombudsmanas National Equality Body Promoting Equal Treatment Presentation by Mrs. Karageorgou Maria Senior Investigator of the Greek Ombudsman Department of Gender Equality

2. Legislation Law 3304/2005 incorporating EC Directives 2000/78 and 2000/43 �for the promotion of the principle of equal treatment and the fight against discrimination on grounds of race, nationality, religion or belief, disability, age, sexual orientation�,in the national legislation.

3. Legislation Law 3488/2006 on the �Implementation of the principle of equal treatment of men and women in relation to access to employment and occupation, vocational training and promotion, in the conditions and terms of employment�. This law incorporates Directive 2002/73/EC of the European Parliament and the Council that modified the Council�s Directive 76/207/EEC �on the implementation of the principle of equal treatment for men and women as regards access to employment and occupation, vocational training and promotion, and working conditions�.

4. Definitions Direct discrimination:where one person is treated less favourably on grounds of sex than another is, has been or would be treated in a comparable situation Indirect discrimination:where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary

5. Definitions Harassment:where an unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment Sexual harassment:where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment

6. Pregnancy and Maternity This Directive shall be without prejudice to provisions concerning the protection of women, particularly as regards pregnancy and maternity. A woman on maternity leave shall be entitled, after the end of her period of maternity leave, to return to her job or to an equivalent post on terms and conditions which are no less favourable to her and to benefit from any improvement in working conditions to which she would be entitled during her absence. Less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Directive 92/85/EEC shall constitute discrimination within the meaning of this Directive

7. Exemptions Member States may provide, as regards access to employment including the training leading thereto, that a difference of treatment which is based on a characteristic related to sex shall not constitute discrimination where, by reason of the nature of the particular occupational activities concerned or of the context in which they are carried out, such a characteristic constitutes a genuine and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate.

8. Examples DIRECT DISCRIMINATION? You can�t be discriminated against because of your: gender marital status gender reassignment pregnancy sexual orientation disability race colour ethnic background nationality religion or belief age For example: a driving job only open to male applicants, refusal of employment due to pregnancy, black people not welcome for a job etc. However: CITIZENSHIP AS A CRITERION OF DISCRIMINATORY TREATMENT IS EXCLUDED FROM THE DIRECTIVE AND THE DOMESCTIC LAW= The law allows for posts only open to nationals of the specific country

9. Exemptions There are limited circumstances in which direct discrimination can be justified, and these are mainly connected to age (i.e. Upper Age limit for Employment in the Public Sector, Obligatory retirement age etc.) In addition, an employer might be able to make a case for a genuine occupational requirement for the job: For example, a Greek Orthodox school may be able to restrict applications for a scripture teacher to baptised Orthodox only. In performing acts, a theatre is allowed to seek a male actor for a male role

10. Examples Indirect discrimination refers to applying a provision, criterion or practice which disadvantages people of a particular group (defined by sex, race, disability, sexual orientation, religious belief or age). Indirect discrimination is illegal if it cannot be justified as a proportionate means of achieving a legitimate aim . For example any provision against the rights of part time workers (lower pay, insufficient social security), indirectly discriminates against women, who constitute the larger part of part-time workers

11. Conditions for justification of discriminatory practices Proportionality The proportionality test means that the provision, criterion or practice must: be the only means of achieving the aim (ie there isn't a non-discriminatory alternative) actually achieve the aim provide benefits that outweigh the negative effects of the discrimination At a tribunal, the burden of proof will be on the employer to show that the discrimination was proportionate. Legitimate aim A legitimate aim could, for example, relate to business needs and efficiency, or to the health and safety of employees and customers. The burden of proof will be on the employer to show that the aim was legitimate.

12. The Greek Ombudsman Handles complaints on all the above grounds of discrimination Monitors the implementation of laws 3304/2005 and 3488/2006 Promotes equal opportunity and non-discrimination by its reports and cooperation with other Agencies domestically Represents the country in Networks of Equality Bodies in the EU and exchanges experiences and best practices