In a ruling issued on July 10, 2008, the Court of Justice of the European Communities, the court charged with ensuring uniform application of EU legislation among member
states, ruled that an employer's statements regarding recruitment of immigrants constituted discrimination, even without evidence that any immigrants were denied
employment. This decision expands EU antidiscrimination law further than United States court rulings. In today's global environment, this case has far-reaching implications for employers, as even well-intended statements may now constitute discrimination in and of themselves, at least in the EU.

The action was brought by a Belgian civil rights group, Centre for Equal Opportunities and Opposition to Racism ("CGKR), in the Brussels Labour Court against a garage door
installation company, Firma Feryn NV. The claim concerned public remarks made by one of Feryn's directors, who was explaining why his company did not wish to recruit
immigrants, particularly Moroccans.

The legislation at issue, Council Directive 2000/43/EC ("Directive), prohibits "direct or indirect discrimination based on racial or ethnic origin, and provides that direct discrimination occurs "where one person is treated less favourably than another is, has been or would be treated in a comparable situation on grounds of racial or ethnic origin. Indirect discrimination, which was not an issue in the case, occurs where a neutral provision, criterion or practice disadvantages persons of a racial or ethnic origin, unless the neutral practice is justified by a legitimate reason.


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