EU eyes tough sanctions in disability measure

Offenders may have to pay unlimited compensation under planned EU rules to ban discrimination on the grounds of disability, according to a draft document.

The rules seek to plug a gap by banning such discrimination outside the labour market as it is already illegal to discriminate in the workplace.

The rules, if adopted by EU governments, would also put the burden of proof on those accused of discrimination to refute the charge.

"The adaptation of rules on the burden of proof plays a significant role in ensuring that the principle of equal treatment can be effectively enforced," the draft says.

"Provision should therefore be made to ensure that the burden of proof shifts to the respondent when a person presents evidence of a prima facie case of discrimination," it added.

The EU's executive European Commission is due to propose the measure formally next month but it has begun to raise alarm among businesses due to its catch-all scope.

"Sanctions may comprise the payment of compensation, which may not be restricted by the fixing of a prior upper limit, and must be effective, proportionate and dissuasive," the draft says.

The measure would ban direct discrimination or when a person is treated less favourably than another due to disability. Also banned is indirect discrimination, defined as when a disabled person is at a disadvantage to an able-bodied person.

"In some cases, specific measures may be necessary to accommodate the needs of disabled people in access to social protection, education and access to and supply of goods and services, including housing," the draft says.

Failure to take "reasonable" steps to accommodate a disabled person will also be considered discrimination. The measure would apply to everyone in the public and private sectors with breaches punished.

Some differences in treatment could be justified such as in insurance and financial services and the EU executive will issue guidelines for these two sectors, the draft said.