Rainbows and crosses: Noncompliance with EU law prohibiting sexual orientation discrimination

Abstract

The Employment Equality Framework Directive (EED) is the first and still the only EU law that requires EU member states to combat sexual orientation discrimination. It requires states to change employment laws or draft news ones that prevent employers and coworkers from discriminating against gay and lesbian employees. Implementation of the EED was problematic, despite strong support for the law among many EU member states and their publics. An analysis of the EED’s provisions shows that in countries where religious organizations provide a substantial share of a country’s social services, governments are more likely to transpose the directive incorrectly. These findings are based on an innovative research design that addresses one legal subject matter within a directive. Contradicting earlier research showing it has little to no role, public opinion about an EU law can affect compliance. This article also sheds more light on how religious organizations and beliefs affect European integration, comparatively understudied in the literature. These findings also have important implications for the future of lesbian, gay, bisexual and transgender (LGBT) human rights legislation at the EU level.

‘It’s Not Just About a Rainbow Lanyard’: How Structural Cisnormativity Undermines the Enactment of Anti-Discrimination Legislation in the Welsh Homelessness Service

“…I propose that, instead, attention is needed to deep structural system cisnormativity. These findings have immediate utility for planning of homelessness and welfare services, contribute to academic and policy debates around how welfare systems may actively amplify exclusion (Reeves and Loopstra, 2021), and deepen understanding of the relationship between equalities legislation and meaningful realisation of LGBTQ+ rights (for instance, Siegel, 2020). I base my argument on three findings.…”

Achieving Equality in Progressive Contexts: Queer(Y)Ing Public Administration

“…The analysis of Tadlock and Taylor showed a more even output of papers about LGBT+ issues in Europe. Arguably, this reflects a different rate of progress in achieving LGBT+ equality in Europe (Siegel, 2019;Wilson, 2014). As such, within non-progressive legal contexts, research focuses on the achievements or barriers to effective activism leading to representation or legislative change (see : Brettschneider, Burgess, & Keating, 2017 for a recent collection of such research); or on understanding mimetic change between organisations or states (Daspit & Zavattaro, 2013;Paternotte & Kollman, 2013) When we consider research that is not on issues of public opinion or legal rights and equality, this often focuses on staff inclusion and specialist services (see, for example: Colgan, Wright, Creegan, & McKearney, 2009;Richardson & Monro, 2013).…”

“…In many states law that explicitly discriminated against non-heterosexuals has been removed (Wilson, 2014). Across the EU the Employment Equality Framework Directive (EED) mandates member states to eliminate discrimination in employment against people because of their sexual identity (Siegel, 2019). Laws progressing the rights of gender diverse people are also being advanced.…”

The EU and LGBTI activism in the MENA – The case of Lebanon

“…Supporting LGBTI rights in third countries (beyond EU borders) and implementing anti-discriminatory policies is part of the EU transversal democracy promotion as summarized in the European Instrument for Democracy and Human Rights (Official Journal of the European Union, 2014). However, despite the EU commitment to promote LGBTI rights, the situation has been problematic even within some EU Member States -especially those with strong religious identity and involvement of religious communities within the society (Ayoub, 2014;Siegel, 2019).…”