Discriminatory statements

Case 4: The facts

The director of Feryn, a Belgian door firm, stated publicly that the firm wanted to recruit fitters, but could not employ “immigrants” because its customers would be reluctant to allow them access to their premises. The Belgian Centre for Equal Opportunities and Combatting Racism brought a claim alleging a directly discriminatory recruitment policy. The case failed because there was no proof that any individual had applied for a job and been rejected on racial grounds. On appeal, the European Court of Justice (ECJ) was asked to give guidance.

The ruling

The ECJ said that the fact an employer states publicly that it will not recruit employees of certain ethnic or racial origin constitutes direct discrimination in recruitment within the meaning of article 2 of the Directive on Race and Equal Treatment (2000/43). Such statements are likely to strongly dissuade certain candidates from applying for jobs and so hinder their access to the job market. Cases can be brought by national equality bodies without identifying any particular complainant. National law must provide an effective, proportionate and dissuasive sanction, even when there is no identifiable victim.