New Report Shows Why “Instructions to Discriminate” Remain Hard to Detect and Harder to Stop
MPG is pleased to share a new report, “Instructions to Discriminate under EU and National Law”, authored by Elaine Dewhurst and Ricardo Buendia and coordinated by MPG for the European network of legal experts in gender equality and non-discrimination. The report sheds light on a lesser-known but highly consequential form of discrimination: when people in positions of power encourage, pressure, or direct others to treat someone unfairly.
Whether in employment, housing, healthcare or access to services, “instructions to discriminate” can operate quietly through intermediaries – making discrimination harder to detect, report and challenge. The report shows that while EU law recognises this as discrimination, protections remain uneven and underused across Member States, partly due to limited legal clarity and scarce case law.
Key findings include:
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EU law provides protection, but major gaps remain – especially beyond employment for grounds such as religion, disability, age and sexual orientation.
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National approaches are fragmented, with Member States differing on what counts as an “instruction” and who should be held liable.
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Case law remains limited, not because the issue is rare, but because the concept is poorly understood and often overlooked in practice.
The report also highlights emerging risks, including the growing role of AI systems, where discrimination can be “outsourced” through automated decisions and hidden proxies.
To strengthen protection and accountability, the report calls for clearer EU-level guidance, stronger harmonisation, and greater awareness so that discrimination can be stopped before it is activated into direct exclusion or harassment.
This report reinforces MPG’s commitment to supporting evidence-based legal frameworks that protect equality in practice – not only on paper.
About the European network of legal experts in gender equality and non-discrimination
The European Network of legal experts in gender equality and non-discrimination was established in December 2014 and combines two previously existing networks: the European Network of Legal Experts in the Non-discrimination Field and the European Network of Legal Experts in the field of Gender Equality.
About the Migration Policy Group (MPG)
MPG is an independent think-and-do-tank based in Brussels. MPG’s purpose is rooted in its ability to inspire networks to provide evidence-based projects, research and campaigns in the areas of integration, migration and anti-discrimination.