Act on equal treatment on the grounds of handicap or chronic illness (Stb. 2003, 206)
Act of 3 April 2003 to establish the Act on equal treatment on the grounds of handicap or chronic illness
§ 1. General
The following definitions apply in this Act:
a. differentiation: direct and indirect differentiation;
b. direct differentiation: differentiation between people on the grounds of a real or alleged handicap or chronic illness;
c. indirect differentiation: differentiation on the grounds of traits or behaviour other than those described at b which results in direct differentiation.
The prohibition on differentiation also means that the persons on whom this prohibition is imposed are obliged to make effective modifications according to need, unless this would impose a disproportionate burden on them.
1. The prohibition on differentiation does not apply if:
a. the differentiation is necessary to protect health and safety;
b. the differentiation relates to a regulation, standard or practice which is aimed at creating or maintaining specific provisions and facilities for the benefit of persons with a handicap or chronic illness;
c. the differentiation is intended to grant persons with a handicap or chronic illness a privileged position in order to neutralise or ameliorate existing disadvantages and the differentiation is proportionate to the objective.
2. The prohibition on differentiation does not apply with regard to indirect differentiation which is objectively justified.
§ 2. Work
Differentiation is prohibited in:
a. offering a job and the treatment in filling a vacancy;
b. entering into and terminating an employment relationship;
c. the appointment as a civil servant and the termination of employment as a civil servant;
d. assistance with finding work;
e. terms of employment;
f. allowing people to attend education and training during and prior to an employment relationship;
Differentiation is prohibited with regard to the conditions for and access to the professions and for the performance of and development within the professions.
§ 3. Vocational education
Differentiation is prohibited in:
a. granting access to and the provision of career planning and career choice information;
c. granting access to, offering, examining and concluding education aimed at entry to and performance in the labour market.
The following definitions apply in article 8 and the provisions based on it:
a. public transport: passenger transport open to all in accordance with a timetable by bus, train, metro, tram or a vehicle propelled by means of a guide system;
b. travel information: information about the timetable with its period of validity, guaranteed connections within the timetable, changes to the timetable and the associated zoning.
1. Differentiation is prohibited in:
a. granting the access to the buildings and infrastructure associated with the public transport which is required in order to travel;
b. offering public transport services and travel information;
c. concluding, executing or terminating contracts relating to public transport.
2. Rules will be stipulated by or pursuant to an Order in Council with regard to the modifications to be made under the first paragraph in conjunction with article 2, as described in that article.
§ 5. Legal protection
1. Termination of the employment relationship by the employer contrary to article 4 or because of the fact that the employee has invoked article 4 at law or otherwise is subject to annulment.
2. Without prejudice to chapter 8 of the General Administrative Law Act, an employee’s right to invoke the grounds for annulment described in the first paragraph lapses two months after the termination of the employment relationship. Article 55 of Volume 3 of the Civil Code does not apply.
3. A legal action relating to the annulment will be barred after a period of six months following the day on which the employment relationship has ended.
4. The termination described in the first paragraph does not make the employer liable to pay damages.
1. If a person who believes that they are or will be discriminated against to their disadvantage as described in this Act produces facts in court which can give grounds for suspecting that such differentiation exists, the counterparty must prove that they have not acted contrary to the law.
2, If a person who believes that they have been disadvantaged by acts contrary to article 2 produces facts in court which can give grounds for suspecting that there has been a failure to make effective modifications, the counterparty must prove that they have not acted contrary to this provision.
Contractual terms which contradict this Act are invalid.
· The Equal Opportunities Commission described in article 11 of the General Equal Opportunities Act can investigate whether differentiation is taking place or will take place as described in this Act and whether acts contrary to article 2 of this Act have taken place. Articles 12, 13, 14, 15, 20, second paragraph, and 33 of the General Equal Opportunities Act apply correspondingly.
Our Minister of Public Health, Welfare and Sport – in consultation with Our Ministers of the Interior and Kingdom Relations, of Justice, of Social Affairs and Employment, of Traffic and Water Management and of Education, Culture and Sciences – will send a report to Parliament on the effectiveness and effects of this Act in practice within five years of it coming into force
§ 6. Final provisions
The articles of the Act come into force at a time to be stipulated by Royal Decree, which can be different for the various articles or components thereof.
This Act will be cited as the Act on equal treatment on the grounds of handicap or chronic illness.
Charge and command…
Issued on May twenty-second 2003