2. With regard to disabled persons, the principle of equal treatment shall be without prejudice to the
right of Member States to maintain or adopt provisions on the protection of health and safety at work
or to measures aimed at creating or maintaining provisions or facilities for safeguarding or promoting
their integration into the working environment.
Article 8
Minimum requirements
1. Member States may introduce or maintain provisions which are more favourable to the protection of
the principle of equal treatment than those laid down in this Directive.
2. The implementation of this Directive shall under no circumstances constitute grounds for a reduction
in the level of protection against discrimination already afforded by Member States in the fields covered
by this Directive.
CHAPTER II
REMEDIES AND ENFORCEMENT
Article 9
Defence of rights
1. Member States shall ensure that judicial and/or administrative procedures, including where they
deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are
available to all persons who consider themselves wronged by failure to apply the principle of equal
treatment to them, even after the relationship in which the discrimination is alleged to have occurred
has ended.
2. Member States shall ensure that associations, organisations or other legal entities which have, in
accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the
provisions of this Directive are complied with, may engage, either on behalf or in support of the
complainant, with his or her approval, in any judicial and/or administrative procedure provided for the
enforcement of obligations under this Directive.
3. Paragraphs 1 and 2 are without prejudice to national rules relating to time limits for bringing actions
as regards the principle of equality of treatment.
Article 10
Burden of proof
1. Member States shall take such measures as are necessary, in accordance with their national judicial
systems, to ensure that, when persons who consider themselves wronged because the principle of
equal treatment has not been applied to them establish, before a court or other competent authority,
facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for
the respondent to prove that there has been no breach of the principle of equal treatment.
2. Paragraph 1 shall not prevent Member States from introducing rules of evidence which are more
favourable to plaintiffs.
3. Paragraph 1 shall not apply to criminal procedures.
4. Paragraphs 1, 2 and 3 shall also apply to any legal proceedings commenced in accordance with
Article 9(2).
5. Member States need not apply paragraph 1 to proceedings in which it is for the court or competent
body to investigate the facts of the case.
Article 11
Victimisation
Member States shall introduce into their national legal systems such measures as are necessary to
protect employees against dismissal or other adverse treatment by the employer as a reaction to a
complaint within the undertaking or to any legal proceedings aimed at enforcing compliance with the
principle of equal treatment.
Article 12
Dissemination of information
Member States shall take care that the provisions adopted pursuant to this Directive, together with the
relevant provisions already in force in this field, are brought to the attention of the persons concerned
by all appropriate means, for example at the workplace, throughout their territory.