Employers' remarks can be direct discrimination, says ECJ / Outlaw, 14 July 2008
http://www.out-law.com//default.aspx?page=9261
"General remarks made by an employer can be the basis of a discrimination claim, Europe's highest court has ruled. The European Court of Justice (ECJ) ruling says a discrimination case is possible even when no individual is involved. The director of a Belgian firm that fitted garage doors posted a job advert and, when asked if he was "a bit racist", indicated that he did not want to employ immigrants because his customers would not want to give them access to their houses. The ECJ ruled that the comments made by the Feryn director were enough to establish a presumption of discrimination, thereby placing the burden of proof on the employer."