Physical Person-Economic Actors-Non-Discrimination Law

Original Language Title: Fizisko personu - saimnieciskās darbības veicēju - diskriminācijas aizlieguma likums

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Read the untranslated law here: https://www.vestnesis.lv/op/2012/199.1

The Saeima has adopted and the President promulgated the following laws: individual perpetrators of economic activity — — the prohibition of discrimination in article 1 of the law. The aim of the law is to define the different treatment of the prohibition of private and public sector in relation to the physical person who wishes to carry out or carrying out an independent activity for remuneration (hereinafter referred to as the economic operator). 2. article. (1) prohibited different treatment of economic actors: 1), gender, age, religious, political or other belief, sexual orientation, disability, racial or ethnic origin in relation to their access to economic activities; 2) gender, religious, political or other belief, sexual orientation, disability, racial or ethnic origin, offering his goods or services and sell goods or provide services. (2) the approach to the economic activities of the meaning of this law also includes business start-up, expansion or fitting or any other operation or expansion of self-employment. 3. article. (1) different attitudes to economic actors allowed if: 1) approach to business activities only or principally in one gender, age, religious, political or other belief, sexual orientation, disability, racial or ethnic origin is objectively justified by a legitimate aim, which is to achieve the means chosen are proportionate; 2) the offering of goods or services, the sale of goods or the provision of services exclusively or predominantly of the same sex, religion, political or other belief, sexual orientation, disability, racial or ethnic origin is objectively justified by a legitimate aim, which is to achieve the means chosen are proportionate. (2) different attitudes to business operators of disability allowed if it is objectively justified by a legitimate aim, which is designated to achieve reasonable assurance of equal treatment or the other party imposes a disproportionate burden. (3) the Different treatment of the prohibition against providing economic activity does not affect the contractual freedom, except where the Contracting Parties the choice is based on a person's gender, age, religious, political or other belief, sexual orientation, disability, racial or ethnic origin. 4. article. (1) If, in the event of a dispute, economic analyst points to circumstances that might justify his direct or indirect discrimination on grounds of sex, age, religious, political or other belief, sexual orientation, disability, racial or ethnic origin, the defendant's responsibility to prove that different treatment is not a violation of the prohibition. (2) direct discrimination is the attitude of a person that the sex, age, religious, political or other belief, sexual orientation, disability, racial or ethnic origin in a comparable situation is, was or might be less favourable than against the other person. Indirect discrimination is a seemingly neutral provision, criterion or practice that causes or may cause adverse effects in a person's gender, age, religious, political or other belief, sexual orientation, disability, racial or ethnic origin, unless such provision, criterion or practice is objectively justified by a legitimate aim, which is to achieve the means chosen are proportionate. (3) on discrimination constitutes harassment or instruction to discriminate. (4) the harassment is a personal exposure it gender, age, religious, political or other belief, sexual orientation, disability, racial or ethnic origin of the person's point of view, undesirable behaviour (including sexual conduct), whose purpose or effect is the dignity of the person and of creating an intimidating, hostile, humiliating or degrading environment. (5) the discrimination on the grounds of sex constitute less favourable treatment of a woman during pregnancy or post-natal period of up to one year, but if the woman is breastfeeding, feeding time, throughout the. 5. article. If the different treatment is a violation of the prohibition, the economic operator is entitled to require him to ensure access to economic activities, or goods or services offered or sold goods or services are supplied, as well as seek damages and compensation for moral damages. In the event of a dispute the amount of compensation for moral harm shall be determined by the Court. 6. article. Forbidden to directly or indirectly generate economic effects analyst, if he this law in defending their rights. 7. article. If the different treatment of the prohibition or ban lead to adverse consequences is violated, the economic operator in accordance with the Ombudsman's law may receive legal aid, as well as in the law courts. Transitional provisions with the entry into force of this law shall lapse — natural persons by whom economic activity — the prohibition of Discrimination Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2009, no. 13; Latvian journal 2010, nr. 43). Informative reference to European Union directives, the law includes provisions resulting from: 1) of the Council of 29 June 2000, Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin; 2) Council of 27 November 2000 Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation; 3) Council 13 December 2004, Directive 2004/113/EC implementing the principle of equal treatment for men and women in the access to and supply of goods and services; 4) of the European Parliament and of the Council of 5 July 2006, 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; 5) of the European Parliament and of the Council of 7 July 2010 the EU directive 2010/41/for the application of the principle of equal treatment for men and women engaged in an activity in a self-employed capacity and repealing Directive 86/613/EEC. The Parliament adopted the law in 2012 on November 29. The President a. Smith in Riga 2012 December 19.