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Equality Authority
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13/06/2008
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Legal provision
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Directive 2000/78/EC, Directive 2000/43/EC
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Area
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Employment & training
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Form of Discrimination
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Harassment
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Grounds of discrimination
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Discrimination on ground of nationality, Discrimination on ground of sex
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Topic
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Discrimination by private parties, Equal treatment for nationals, (non) EU-citizens , Employer's responsibility
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Employment , Psychological harassment , Discrimination on ground of racial or ethnic origin , Cyprus .
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Key facts of the case:Two complaints were submitted to the equality body by female migrant domestic workers against the Labour Disputes department of the Labour Ministry, for their refusal to address and process their complaints for sexual harassment against their employers and for withholding permit to change employer as a result of that.Main reasoning/argumentation:The decision found that the practice followed by the Labour Disputes Department by refusing to examine sexual harassment complaints as falling outside its mandate, not only denies these employees the benefit of the gender equality laws but also prohibits the complainants from changing employer and may even lead to their deportation, in violation of the principle of non-discrimination on the ground of national origin.Key issues (concepts, interpretations) clarified by the case:The report stresses the significance of protecting this category of workers who are most vulnerable especially due to having to reside with their employer, which opens them to the possibility of sexual harassment by the employer.Results (sanctions) and key consequences or implications of the case :Given that the Labour Ministry had recognised that this practice had to be revised, the decision was restricted to recommending to the Ministry to issue a policy in relation to the procedure to be followed in such cases.
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