La législation européenne contre les discriminations et le devoir de diligence des EMN

The principles of non-discrimination are binding rules that forbid treating an individual or a group characterised by one or more factors listed by antidiscrimination law in a way that produces or can produce a disadvantage. Discrimination is normally ascribed to the person who has exerted the power that has produced or can produce the discriminatory effect. However, a person can be liable for discrimination as well when she/he has illegally tolerated an act of discrimination. This is the case when a person has a duty to prevent discrimination to happen. The sources of the duty to prevent discrimination to happen can be enshrined in the duty of care of one company over a different one. Based on this conceptual framework, the paper discusses the possibility to sue a European company (i.e. a company that has its headquarters or a unit in Europe) for acts of discrimination caused by its subsidiaries, suppliers or subcontractors inside or outside the EU territory. Distinguishing among national, European and international sources, the author demonstrates how the interconnection between EU Antidiscrimination Law and the duty of care can be helpful to enforce a non-legally binding duty of care and to guarantee to victims effective remedies.