Article 4
Occupational requirements
1. Notwithstanding Article 2(1) and (2), Member States may provide that a difference of treatment
which is based on a characteristic related to any of the grounds referred to in Article 1 shall not
constitute discrimination where, by reason of the nature of the particular occupational activities
concerned or of the context in which they are carried out, such a characteristic constitutes a genuine
and determining occupational requirement, provided that the objective is legitimate and the
requirement is proportionate.
2. Member States may maintain national legislation in force at the date of adoption of this Directive or
provide for future legislation incorporating national practices existing at the date of adoption of this
Directive pursuant to which, in the case of occupational activities within churches and other public or
private organisations the ethos of which is based on religion or belief, a difference of treatment based
on a person's religion or belief shall not constitute discrimination where, by reason of the nature of
these activities or of the context in which they are carried out, a person's religion or belief constitute a
genuine, legitimate and justified occupational requirement, having regard to the organisation's ethos.
This difference of treatment shall be implemented taking account of Member States' constitutional
provisions and principles, as well as the general principles of Community law, and should not justify
discrimination on another ground.
Provided that its provisions are otherwise complied with, this Directive shall thus not prejudice the right
of churches and other public or private organisations, the ethos of which is based on religion or belief,
acting in conformity with national constitutions and laws, to require individuals working for them to act
in good faith and with loyalty to the organisation's ethos.
Article 5
Reasonable accommodation for disabled persons
In order to guarantee compliance with the principle of equal treatment in relation to persons with
disabilities, reasonable accommodation shall be provided. This means that employers shall take
appropriate measures, where needed in a particular case, to enable a person with a disability to have
access to, participate in, or advance in employment, or to undergo training, unless such measures
would impose a disproportionate burden on the employer. This burden shall not be disproportionate
when it is sufficiently remedied by measures existing within the framework of the disability policy of the
Member State concerned.
Article 6
Justification of differences of treatment on grounds of age
1. Notwithstanding Article 2(2), Member States may provide that differences of treatment on grounds
of age shall not constitute discrimination, if, within the context of national law, they are objectively and
reasonably justified by a legitimate aim, including legitimate employment policy, labour market and
vocational training objectives, and if the means of achieving that aim are appropriate and necessary.
Such differences of treatment may include, among others:
(a) the setting of special conditions on access to employment and vocational training, employment and
occupation, including dismissal and remuneration conditions, for young people, older workers and
persons with caring responsibilities in order to promote their vocational integration or ensure their
protection;
(b) the fixing of minimum conditions of age, professional experience or seniority in service for access to
employment or to certain advantages linked to employment;
(c) the fixing of a maximum age for recruitment which is based on the training requirements of the post
in question or the need for a reasonable period of employment before retirement.
2. Notwithstanding Article 2(2), Member States may provide that the fixing for occupational social
security schemes of ages for admission or entitlement to retirement or invalidity benefits, including the
fixing under those schemes of different ages for employees or groups or categories of employees, and
the use, in the context of such schemes, of age criteria in actuarial calculations, does not constitute
discrimination on the grounds of age, provided this does not result in discrimination on the grounds of
sex.
Article 7
Positive action
1. With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent
any Member State from maintaining or adopting specific measures to prevent or compensate for
disadvantages linked to any of the grounds referred to in Article 1.