The Court of Justice of the European Union (CJEU) has held that where an individual raises a complaint of discrimination against an employer, any colleague or employee who offers support is afforded the same protections against subsequent mistreatment at the hands of the employer as a result of the complaint.
The case concerned a manager at a Belgian clothes shop who interviewed a woman for a job as a salesperson in the shop. During the course of the interview, the woman informed the manager that she was three months pregnant. The manager informed HR that in her view the woman was a suitable candidate for the role. However, HR replied that as the woman was pregnant she could not be hired for the role; this was a decision the company stuck to despite the manager informing them it was against the law. The manager subsequently informed the woman that she had been unsuccessful in her job application and that the reason for this was her being pregnant. The woman then lodged a complaint on gender discrimination grounds with the Belgian Institute for Equality of Women and Men.
Six months later, the manager was dismissed from her role. The company claimed that this was as a result of poor performance, but the manager challenged this and brought her own claim against the company for discrimination, alleging that it was her support the job applicant that led to her dismissal. Both brought claims for damages amounting to six months’ salary to the Belgian Labour Court in Antwerp.
The Belgian court made a reference to the CJEU on the question of whether European Union law – specifically Article 24 of EU Directive 2006/54 on the implementation of the equal opportunities principle in employment matters – should only protect from discrimination persons who have acted as witnesses in formal proceedings on behalf of an alleged victim, or whether it should also protect individuals who have offered support in a more informal setting.
In coming to the conclusion that the directive should be applied to support provided either “formally or informally”, the CJEU pointed to recital 32 of EU Directive 2006/54, which states that an employee “defending or giving evidence on behalf of a person protected under this Directive should be entitled to the same protection” as the person on whose behalf they are acting.
The Court also referred to the stipulation within Article 24 of the same directive that Member States should “introduce…such measures as are necessary to protect employees” from discrimination as a result of a complaint taken against an employer. The Court reasoned that this “broad interpretation…is further supported by [the directive’s] objective of ensuring the implementation of the principle of equal treatment of men and women in employment and work” and concluded that the manager in this case was also protected by the directive.
Click here for the full judgement.