Discrimination at work

Verified 23 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)

An employer refuses to hire a candidate because of his or her background? This is discrimination. At work, decisions must be based on professional criteria and not on discriminatory grounds (gender, age, trade union or political opinions, etc.). Any worker and any candidate for a job, traineeship or training shall be protected against discrimination at work. We present you with the information you need to know.

There are non-discrimination rules for private sector employees or applicants. Within the public service there is also a principle of non-discrimination.

Private sector

Discrimination at work is intended to treat a person unfavorably on the basis of a criterion prohibited by law (e.g. origin, age, etc.). Any person working in the company (employee, supervisor, trainee, apprentice) is protected from discrimination.

Grounds of discrimination

Discrimination occurs when the employer treats its employees differently on one of the following grounds:

  • Origin
  • Sex
  • Family status
  • Pregnancy
  • Physical Appearance
  • Special vulnerabilities linked to the economic situation
  • Name
  • Place of residence
  • Health status
  • Loss of autonomy
  • Disability
  • Genetic characteristics
  • Morals
  • Sexual orientation
  • Gender identity
  • Age
  • Political opinions
  • Trade union activities
  • Whistleblower quality
  • Facilitator of whistleblower or persons connected with a whistleblower
  • Spoken language (ability to speak in a language other than French)
  • Ethnicity
  • Nation
  • Alleged breed
  • Religion 

Types of discrimination

Two types of discrimination are prohibited within the company:

  • The direct discrimination. In this case, the perpetrator is aware that he is making a decision on the basis of a discriminatory criterion prohibited by law (e.g. the employer prevents an employee from progressing as a result of his participation in a strike movement)
  • The indirect discrimination. In this case, the author makes a decision that seems neutral but ultimately puts some people at a disadvantage compared to others. Rules and regulations For example, one person allows only males to remain in the company after age 50. So there is indirect discrimination based on sex and age.

Situations in which discrimination at work may occur

Discrimination at work can occur at several stages:

  • Hiring a new employee
  • Dismissal of an employee
  • Renewal of contract
  • Transfer or promotion to another position internally
  • Determination of salary and other forms of remuneration
  • Vocational training
  • Reclassification
  • Determination of the tasks entrusted to the employee
  • Determination of the employee's working hours

In certain circumstances, the employer may rely on a discriminatory ground or make a difference in treatment. It may also ask a candidate or an employee to provide evidence of professional competence.

Criteria for discrimination and permitted differences of treatment

In some cases, a specific reason may justify the refusal of a job or any difference in professional treatment.

Thus, the following activities may be reserved for a woman or a man:

  • Artists to Perform a Male or Female Role
  • Mannequins responsible for displaying clothing and accessories
  • Male and female models for photographs

For safety and health protection reasonsHowever, access to certain jobs may be denied to workers who are too young and/or too old. The employment of young people below a certain age may be prohibited by law (for example, in the case of night work).

It is also possible to fix a maximum age for recruitment. This discrimination must be justified: it must be based on the professional training required for the position or on the need for a reasonable period of employment before retirement.

Differences in treatment based on a person's state of health or disability are justified if they have been identified by a doctor and if they are necessary and appropriate.

Other differences of treatment may be provided for by law. For example:

Items that can be requested from the applicant

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Hiring Candidate

The information required of a candidate during recruitment should only allow the assessment of his or her competences.

Thus, when applying, the employer may request several documents, including a curriculum vitae, a letter of motivation, a copy of the diplomas obtained, etc. He may also check the candidate's judicial history by requesting a extract from his criminal record.

The employer is obliged to comply with certain rules on selection of candidates. He must not ask unjustified questions about privacy, in particular whether the information requested may constitute a ground for discrimination: questions about religious practices, marital status, etc.

Please note

A job applicant is not required to disclose her pregnancy status.

Employee already hired

The employer is obliged to respect the privacy of its employees. It can only collect the information it really needs for the management of staff and the organization of work. These may include:

  • A bank identity statement
  • The tax rate in the context of a withholding tax
  • Type of driving license
  • Contact details of a loved one who can be contacted in case of an emergency

The employer has no right to request other types of information (for example, he cannot ask for information on religion, political or trade union opinions).

Please note

An employee must to reveal her pregnancy to his employer only before going on maternity leave.

The victim of discrimination at work can alert the police or gendarmerie by instant messaging. This cat dialog with a police officer or gendarme trained for this type of infringement.

At any time, the chat history can be deleted.

Report discrimination

The professional to whom the report is made may accompany the victim who wishes to lodge a complaint and refer him to specialists (victims' associations, psychologists, etc.).

The victim of discrimination at work may take action before the labor council (for example, if she wishes to return to the company) and/or before criminal courts (for example, if she wants her employer to be convicted). In both cases, she is obliged to adduce evidence of discrimination.

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Proceedings before the Labor Court

A worker who considers himself to be the victim of discrimination may take action before the labor council. Thus, it must bring together elements that suggest the existence of discrimination. These may include:

  • Testimony
  • Written exchanges with the author of the facts (SMS, emails...)
  • Working documents (e.g., a professional appraisal, the team task sheet, a pay statement attesting to the non-award of bonuses).

But it's up to the employer to prove that the decision catch was justifiede by objective factors which are foreigner to any discrimination.

Proceedings before criminal courts

A worker who considers himself to be the victim of discrimination may take action before criminal courts. Thus, it must bring together elements that prove the existence of discrimination. These may include:

  • Testimony
  • Written exchanges with the author of the facts (SMS, emails...)
  • Working documents (e.g., a professional appraisal, the team task sheet, a pay statement attesting to the non-award of bonuses).

The employer is presumed innocent. So he doesn't have to to adduce evidence that its decision was based on criteria foreigner to any discrimination.

Any person who is the victim or witness of an act of discrimination may report such acts.

Victims and witnesses of discrimination may not be punished or dismissed for having reported or recounted such acts, except in the case of false allegations. The witness is protected even if, in the end, the victim's complaint was unfounded.

A situation of discrimination can be reported in different ways:

  • By typing the Labor Inspectorate who will conduct an investigation and who may refer the matter to the judicial authorities if it deems it necessary
  • By contacting the staff representatives. In companies with fewer than 11 employees, the victim may inform the Inter-professional Regional Joint Commission (CPRI)
  • By referring the matter to the Social and Economic Committee, if it exists. The EESC has a right of alert. So he can to refer the matter to the labor council on an accelerated basis
  • Informing existing representative trade union organizations. These organizations will be able to take group action before the courts.

FYI  

The whistleblowers of discrimination have special protection.

As a victim of discrimination at work, you can for free the Defender of Rights.

You can contact him by phone or online.

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By telephone

You can contact the French Defender of Rights at 3928 from Monday to Saturday, from 9:30 am to 7 pm (excluding public holidays).

Online

You can contact the lawyers of the Defender of Rights by instant messaging (chat).

Contact the Defender of Rights via instant messaging

Access is provided for the deaf and hard of hearing.

Anti-discrimination - solution for the deaf and hard of hearing

Referral to the Advocate may lead to three solutions:

  • Mediation : appointed by the Defender of Rights, the Ombudsman hears the persons concerned. Mediation may not exceed 3 months, renewable once
  • A transaction :: the Defender of Rights proposes one or more sanctions to the perpetrator (payment of a fine, compensation to the victim, publication of the facts in the press, etc.). In case of agreement, the transaction must be validated by the public prosecutor
  • A lawsuit If the Defender of Rights becomes aware of facts that may constitute an offense or if the author refuses the transaction, the Defender of Rights must bring the matter before the Public Prosecutor.

FYI  

If you contact the Defender of Rights, you can also file a complaint within 6 years of the facts. Thus, the Defender of Rights will be able to intervene before criminal courts to present its analysis of the case.

The victim of discrimination at work may report such facts to the labor council.

Moreover, if several workers have been discriminated against on the same ground, by the same person, trade unions and certain associations may make a group action in front of court of law.

Victim's action

An employee may to refer the matter to the labor council to settle any conflict over a case of discrimination. For example, an employee dismissed on discriminatory grounds may apply for reinstatement in the company.

An applicant for employment may also appeal to the criminal court against his refusal to take up employment.

The time limit for bringing proceedings before that court shall be 5 years from the revelation of the discrimination.

If the discrimination is accepted, the Labor Council may:

  • Declare that the dismissal of the employee is void
  • Reintegrate the employee into the company
  • Order continuation of the employment contract

If the employee does not wish to return to the company or to continue his contract, the employer may be ordered to pay him compensation in excess of 6 months' pay.

Who shall I contact

Before the Labor Council, the assistance of a lawyer is not mandatory but remains advisable.

If the victim so wishes, he or she may call upon a lawyer.

Who shall I contact
Group Action

One group action is conducted when several candidates for a job or an internship or several employees have been discriminated against on the same prohibited ground (e.g. the employer does not want to recruit different people because of their skin color).

Only a representative trade union organization or an approved association (which has been regularly declared for at least five years) involved in the fight against discrimination or working in the field of disability may bring the group action.

The court is seised on behalf of and on behalf of the victims of discrimination.

Before bringing an action before the court of law, the trade union organization or the approved association must ask the employer to put an end to the discrimination. If the employer does not respond in a six-month period or if it refuses to end the discrimination, the trade union organization or the approved association may take collective action.

Group action allows you to:

  • Termination by the employer of a breach of its obligations in respect of discrimination
  • Liability of the discriminator so that victims can obtain damages

The victim of discrimination may lodge a complaint against the perpetrator.

If the alleged perpetrator is found guilty, he may be sentenced to prison and/or a fine.

Please note

The criminal justice system does not punish discrimination based on the right to strike.

File a complaint

Victims of discrimination can file a complaint with the police station or gendarmerie brigade of their choice.

The time limit for lodging a complaint shall be 6 years from the last day on which the offense was committed.

Who shall I contact
Who shall I contact

If she wishes, she can ask for the assistance of a lawyer. The lawyer will be able to be present from the filing of the complaint until the trial before the correctional court.

Who shall I contact

FYI  

If the complaint is filed without further action or if the person has not heard from the police, gendarmerie or public prosecutor for more than 3 months after his complaint, he can file a civil party claim.

Some associations may also take the place of the victim as a civil party, provided that the victim has given his consent.

Obtain the conviction of the perpetrator

At the end of the investigation, the perpetrator may be tried and convicted by the correctional court. The natural persons and legal persons face different penalties.

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The perpetrator is a natural person

If it considers that discrimination exists, the correctional court may penalize the perpetrator.

Any discrimination shall be punishable if it consists in:

  • Refusing to hire, sanction, or fire a person
  • Make a job offer, internship application or training period subject to a discriminatory ground prohibited by law
  • Refusing a student or student enrolled in a technical education institution

If the perpetrator is a natural person, he shall be liable to a penalty of:

  • 3 years in prison
  • And €45,000 of fine.

Apart from these cases, the criminal courts penalize any measure (refusal of professional promotion, reclassification, transfer, etc.) taken because of the sex or trade union opinion of the worker.

Thus, a person who takes a measure which contravenes professional equality between men and women is liable to one year's imprisonment and €3750 of fine.

In addition, a person who takes a measure based on the trade union opinions of a worker is liable to a penalty of €3750 of fine.

The perpetrator is a legal person

If it considers that discrimination exists, the correctional court may penalize the perpetrator.

Any discrimination shall be punishable if it consists in:

  • Refusing to hire, sanction, or fire a person
  • Make a job offer, internship application or training period subject to a discriminatory ground prohibited by law
  • Refusing a student or student enrolled in a technical education institution

If the perpetrator is a legal person, he shall be liable to a fine of €225,000.

It also faces additional penalties, including publication of the judgment in the written press.

Public sector

Discrimination at work means discriminating against a person on any of the grounds prohibited by law (e.g. origin, age, sexual orientation).

Principle of non-discrimination in the civil service

Discrimination at work means discriminating against a person on any of the grounds prohibited by law (e.g. origin, age, sexual orientation).

A public official must not be discriminated against, in particular by his superiors.

Any distinction or difference in treatment shall be prohibited if it is based on one of the following criteria:

  • Origin
  • Sex
  • Family status
  • Pregnancy
  • Physical Appearance
  • Special vulnerabilities linked to the economic situation
  • Name
  • Place of residence
  • Health status
  • Loss of autonomy
  • Disability
  • Genetic characteristics
  • Morals
  • Sexual orientation
  • Gender identity
  • Age
  • Political opinions
  • Trade union activities
  • Whistleblower quality
  • Facilitator of whistleblower or persons connected with a whistleblower
  • Spoken language (ability to speak in a language other than French)
  • Ethnicity
  • Nation
  • Alleged breed
  • Religion 

Please note

Public officials may not be discriminated against on the grounds of their political opinions or religious beliefs. However, because of the principle of neutrality which applies to all public servants, their decisions must be taken only in the interests of the public service and not on the basis of their political or religious convictions.

Situations in which the principle of non-discrimination applies

The principle of non-discrimination applies from the recruitment stage of the candidate for a post of public official. It shall be valid throughout the professional career of the official or member of the contract staff.

Forms of discrimination

Two forms of discrimination are prohibited in the public service:

  • The direct discrimination. In this case, the perpetrator is aware that he is making a decision on the basis of a discriminatory criterion prohibited by law (e.g. a job offer indicates that women with children cannot apply)
  • The indirect discrimination. In this case, the author makes a decision that puts some people at a disadvantage compared to others, when this measure seemed neutral. Rules and regulations For example, one person only allows men to stay in the facility after age 50. So there is indirect discrimination based on sex and age.

Discrimination on grounds of citizenship

Recruitment in the public sector is limited:

Discrimination on grounds of age, sex or health status

In specific cases, distinctions based on sex, age or health status may be made by the administration.

Exceptionally, separate recruitment for women or men may be provided for where gender is a determining condition for the performance of the duties.

For example, when a selection board for a competition or examination is set up or when staff representatives are appointed to representative bodies (HEADING: titleContent, technical committees), the administration must comply with the parity.

In addition, age requirements may be laid down for the recruitment of a staff member of the active category (e.g. when recruited into the police force).

Age requirements may also be laid down for the career of an official on the basis of certain professional requirements, justified by experience or seniority. This applies to the age requirements for access to certain body or framework of jobs by internal promotion.

Distinctions may be made between public officials to take account of possible physical inabilities to perform certain functions. For example, a contract staff member may be dismissed if he is declared unfit by the occupational doctor and his reclassification seems impossible.

The victim of discrimination at work can alert the police or gendarmerie by instant messaging. One cat dialog with a police officer or gendarme trained for this type of infringement.

At any time, the chat history can be cleared.

Report discrimination

The professional to whom the report is made may accompany the victim who wishes to lodge a complaint and refer him to specialists (victims' associations, psychologists, etc.).

A staff member who considers himself to be a victim of discrimination must gather evidence that suggest the existence of discrimination. These may include:

  • Testimony
  • Written exchanges with the author of the facts (SMS, emails...)
  • Working documents (e.g., a professional appraisal, the team task sheet, a pay statement attesting to the non-award of bonuses).

But it's up to his hierarchy to prove that the decision catch was justifiede by objective factors which are foreigner to any discrimination.

Any person, victim or witness of a case of discrimination, may denounce these facts while remaining protected. A public official who testifies or relates to acts of discrimination cannot be punished, except in the case of false allegations.

In order to report discrimination at work, a staff member may use the system for reporting acts of violence, discrimination, psychological or sexual harassment and sexist acts in the public service.

This reporting system comprises three types of procedures put in place by the employer:

  • A procedure for the collection of reports from officers who are victims of or witnesses to psychological or sexual harassment
  • A procedure for referring victims to the competent services and professionals responsible for their support
  • A procedure for referring victims or witnesses of incidents of harassment, discrimination or violence to the competent authorities to take all appropriate protective measures and ensure the treatment of reported incidents. These authorities will carry out an administrative inquiry

The employing administration shall determine the means by which this alert may be addressed to the competent authority. It also provides for the information and documents to be provided in support of the alert.

A public official shall be informed by his hierarchical authority of the existence of the alert system, its use and the procedures it lays down.

The system shall ensure the strict confidentiality of the information transmitted by the victim or witness during the processing of the alert.

As a victim of discrimination at work, you can for free the Defender of Rights.

You can contact him by phone or online.

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By telephone

You can contact the French Defender of Rights at 3928 from Monday to Saturday, from 9:30 am to 7 pm (excluding public holidays).

Online

You can contact the lawyers of the Defender of Rights by instant messaging (chat).

Contact the Defender of Rights via instant messaging

Access is provided for the deaf and hard of hearing.

Anti-discrimination - solution for the deaf and hard of hearing

Referral to the Advocate may lead to three solutions:

  • Mediation : appointed by the Defender of Rights, the Ombudsman hears the persons concerned. Mediation may not exceed 3 months, renewable once
  • A transaction :: the Defender of Rights proposes one or more sanctions to the perpetrator (payment of a fine, compensation to the victim, publication of the facts in the press, etc.). In case of agreement, the transaction must be validated by the public prosecutor
  • A lawsuit If the Defender of Rights becomes aware of facts that may constitute an offense or if the author refuses the transaction, the Defender of Rights must bring the matter before the Public Prosecutor.

FYI  

If you contact the Defender of Rights, you can also file a complaint within 6 years of the facts. Thus, the Defender of Rights will be able to intervene before criminal courts to present its analysis of the case.

The victim of discrimination at work may report such facts to the administrative tribunal.

Furthermore, if several workers have been discriminated against on the same ground by the same person, certain representative trade union organizations and associations may make a group action before the Administrative Court.

Action of the public official

An officer who is the victim of discrimination may apply to the administrative tribunal the place where the administration which took the discriminatory measure is situated.

Referral to the Administrative Court shall be made by application submitted to the Registry, by hand or by post.

Who shall I contact

The administrative judge may order the employing administration to compensate the victim for the damage suffered.

Before the administrative court, the assistance of a lawyer is not mandatory but remains advisable.

If the victim so wishes, he or she may call upon a lawyer.

Who shall I contact
Group Action

One group action is conducted when several candidates for a job or an internship or multiple agents have been discriminated against on the same prohibited ground (e.g. the employer does not want to recruit different people because of their skin color).

Only an association that has been regularly declared for at least 5 years involved in the fight against discrimination or working in the field of disability can make a group action in front of administrative tribunal.

This action may be initiated after a period of six months from the day on which the administration was ordered to end the discrimination.

The purpose of group action is to:

  • Termination by the employer of a breach of its obligations in respect of discrimination
  • Compensation for victims of discrimination at work.

Please note

In case of discrimination suffered by employees of a public employer, a class action may be brought by a trade union of officials or magistrates.

The victim of discrimination may file a complaint against the perpetrator.

If the alleged perpetrator is found guilty, he may be sentenced to prison and/or a fine.

File a complaint

Victims of discrimination can file a complaint with the police station or gendarmerie brigade of their choice.

Who shall I contact
Who shall I contact

If she wishes, she can ask for the assistance of a lawyer. This professional assists the victim from the lodging of a complaint until the trial of the perpetrator by the correctional court.

Who shall I contact

FYI  

If the complaint is filed without further action or if the person has not heard from the police, gendarmerie or public prosecutor for more than 3 months after his complaint, he can file a civil party claim.

Obtain the conviction of the perpetrator

If the discriminator is found guilty, he or she may be sentenced to 3 years' imprisonment and €45,000 of fine.

Who can help me?

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  • To know your rights as a private sector employee

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  • If you are a victim of discrimination at work

    Defender of Rights

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