European UnionI need to prove pay discrimination but my employer won't share salary data. Who has the burden of proof?
In the EU, the burden of proof shifts to the employer once an employee presents reasonable evidence of pay discrimination.
What the Law Says
EU law establishes a shifting burden of proof in gender pay discrimination cases to ensure effective enforcement of equal pay rights.
Under 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, the burden of proof is regulated to protect employees who allege discrimination.
Once an employee presents facts from which discrimination may be presumed, the burden shifts to the employer to prove that there has been no breach of the principle of equal treatment.
This mechanism acknowledges the practical difficulty employees face in accessing salary data — especially when employers control such information — and ensures fairness in legal proceedings.
Statutory TextWhere the complainant establishes, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment.
— Directive 2006/54/EC, Art. 19 — Burden of proof
What Courts Have Said
The Court of Justice of the European Union (CJEU) has clarified how Article 19 operates in practice, reinforcing the accessibility of remedies for pay discrimination.
Confirmed that national courts must interpret domestic law in line with EU equal treatment principles, including facilitating access to evidence for claimants.
Reaffirmed that Member States must ensure procedural rules do not render the right to equal pay 'impossible or excessively difficult' to enforce — including by accommodating limited access to salary data.
What to Do
Gather any available evidence suggesting pay disparity (e.g., job titles, responsibilities, performance reviews, colleague anecdotes, internal communications).
File a formal complaint with your national equality body or labour inspectorate — many EU countries offer free advice and assistance.
Initiate legal proceedings in national court; invoke Article 19 of Directive 2006/54/EC to request the court shift the burden of proof to your employer.
Request disclosure of relevant salary data through court-ordered evidence collection — national procedural rules must comply with EU standards.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.