The purpose of the study will be to provide the Commission with independent input on the situation in the Member States and the EFTA/EEA countries, as regards rules on time limits and sanctions in cases of discrimination on grounds of gender, race or ethnic origin, religion or belief, disability, age and sexual orientation compared with similar disputes in the various fields of law. The study shall also provide an independent analysis of the effectiveness, proportionality and dissuasiveness of the sanctions and if time limits prevent victims of discrimination from exercising their rights to present their case to court compared with similar disputes. A comparison between Member States and the EFTA/EEA countries should be done and best practices identified.

The study comprises all areas concerning gender equality such as working life, including pregnant workers and parental leave, equal treatment in statutory occupational social security, self-employed people and their spouses and access to goods and services available to the public, including accommodation. It also comprises the area of working life on grounds of racial or ethnic origin, religion or belief, disability, age and sexual orientation and race or ethnic origin in the field of education, social protection, social advantages and access to goods and services available to the public, including accommodation. The study should also where applicable compare the grounds of religion or belief, disability, age and sexual orientation in the area of access to and supply of goods and services with other similar disputes concerning the same area. The final report of the results should be presented at a half-day conference. More specifically, the purpose of the contract can be broken down into 3 steps:

The first step consists of setting up an investigation method, the structure, analytical framework and an outline of the final report as well as preparations for a conference to present the results of the study. The investigation method and outline should cover the situation in the 27 Member States and the EFTA/EEA countries. A first step would be to investigate and to clarify if a comparison on sanctions and time limits can be made in all fields of law. This should be done with a perspective to exclude the situations where corresponding rules on sanctions and time limits do not exist or are significantly different than in the field of gender and anti-discrimination legislation.

The following can serve as examples to illustrate the comparative questions which should be answered in the study: 
- Are the sanctions applicable for breaches of minimum wage legislation the same as in cases of wage discrimination due to gender? 
- Are time limits the same when an individual files a complaint concerning access to social security benefits compared with a complaint from an individual who considers herself/himself discriminated against due to her/his ethnic origin when applying for social security benefits?

The investigation method can build on existing studies and reports where appropriate. On the basis of the completion of the first step, the Commission services and the contractor will jointly decide on the scope for the second and third step. The second step will consist of the delivery of a report applying the investigation method agreed in step 1. The third step will consist of organising a conference where the final report of the study will be presented and officially published.

More information here: http://ted.europa.eu/Exec?DataFlow=N_list_results.dfl&Template=TED/N_result_details_curr.htm&Page=19&docnumber=2008140304&StatLang=EN

 

 

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