2.3.5 Whistle-blower protection

discrimination based on based on religion or belief, age, disability and sexual orientation on the labour market)49 , • Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (Sex equality Directive)50 ,

97. The Employment Equality Directive and the other discrimination directives have a broad scope and apply to conditions of access to employed or self-employed activities, including promotion; vocational training; employment and working conditions (including pay, dismissals, the making of reasonable changes at the workplace to allow disabled workers to work, ...);membership of and involvement in an organisation of employers or workers or any other organisation whose members carry on a particular profession.

98. There are two forms of discrimination : direct discrimination and indirect discrimination. Direct discrimination “involves one prohibited group being treated less favourably than another” while indirect discrimination covers “measures which seem neutral or apply to all, but which are discriminatory in practice” 51 .

99. Discrimination is one of the oldest legal domains where the EU interfered in the social policy of Member States. Therefore, it should not be a surprise that the Court of Justice of the EU has been very active in this field and in order to understand the national anti-discrimination rules, it is often necessary to look at the interpretation of the rules by the CJEU.

2.3.5 Whistle-blower protection

100. Whistle-blowers are protected by rules and procedures established in Directive 2019/1937 on the protection of persons who report breaches of EU law (the Whistleblowing Directive) 52 . This Directive notably covers reports on breaches of rules in the area of transport safety in the civil aviation sector. The material scope of this Directive is limited, but Member States may extend the scope to other domains. E.g. Belgium has included social fraud, which means that any breach of social law can be reported under the whistleblowing system. Breaches can include unlawful acts as well as omissions and abusive practices.

101. Companies (except if less than 50 employees) have to install an internal reporting mechanism, in which a report will receive a decent follow-up by an independent person (or service) who will protect the confidentiality of the reporter. This obligation will only come into force for companies of less than 250 employees at the end of 2023 (but airlines usually would reach this threshold). Next, persons can also report externally to a competent authority. In

49 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (date of effect : 02/12/2000) 50 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal treatment of men and women in matters of employment and occupation (recast) (date of effect : 15/08/2006) 51 C. BARNARD, ibidem, pp. 277-278. 52 Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (date of effect : 16/12/2019)