Recruitment without racial or ethnic discrimination
Directive 2000/43 prohibits racial or ethnic discrimination in access to employment. Selection criteria and recruitment conditions are explicitly covered.
Articles 2 and 3 cover direct and indirect discrimination, harassment and instructions to discriminate, in both the public and private sectors. Review adverts, screening criteria and client requests to prevent them from excluding applicants on grounds of racial or ethnic origin.
Article 4 permits different treatment only under the strict conditions of a genuine and determining occupational requirement, with a legitimate objective and a proportionate requirement. A general customer preference is not enough to establish such a requirement. Article 3, paragraph 2, distinguishes this framework from nationality, entry and residence rules. Check the right to work separately from the applicant’s origin.