The European Union - Implementation of the Principle of Equal Treatment for Men and Women as Regards Access to Employment, Vocational Training and Promotion, and Working Conditions 

Directives are Community laws adopted by the Council of the European Union on a proposal of the European Commission. They are binding on all Member States as to the objectives to be achieved, but it is up to the national governments to choose the form and means to be used to implement it in accordance with the individual national procedure.

Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions

The Directive is intended to ensure equal treatment for men and women in respect of access to employment vocational training and career advancement, and working conditions. It prohibits direct and indirect discrimination on the grounds of sex by reference in particular to family and marital status, in access to all jobs and posts at all levels of the hierarchy (see art. 1 and 2). This principle of equal treatment is to be applied:

• in the conditions, including selection criteria, for access to all jobs or posts, whatever the sector or branch of activity, and to all levels of the occupational hierarchy;
• with regard to access to all types and to all levels, of vocational guidance, vocational training, advanced vocational training and retraining; and,
• with regard to working conditions, including the conditions governing dismissal.

The Directive allows "measures to promote equal opportunity for men and women, in particular be removing existing inequalities which affect women’s opportunities", which has been considered to allow some types of national quotas and other forms of positive action under certain conditions in order to increase the numbers of women in certain sectors or levels of employment (see art. 2 (4).). The forms of positive action permitted has been further clarified in case law, in particular in the European Court of Justice case of 17 October 1995 Kalanke v Freie Hansestadt Bremen (Case C-450/93).

Member States are required to ensure that (art. 3 - 7):

• Any laws, regulations and administrative provisions contrary to the principle of equal treatment are abolished.
• Any provisions contrary to the principle of equal treatment which are included in collective agreements, individual contracts of employment, internal rules of undertakings or in rules governing independent occupations and professions are declared, null and void or amended.
• Any laws, regulations and administrative provisions contrary to the principle of equal treatment are abolished if they were originally based on a concern for protection that is no longer well-founded. The same principle is extended to collective agreements, where labour and management is be requested to undertake the desired revision.
• Measures to ensure judicial remedy for individuals who feel themselves to be wronged by a failure to apply the principle of equal treatment, and protection against dismissal for those who undertake legal proceedings to enforce compliance with the principle.

National Implementation Measures