What to do in case of discrimination?

Verified 07 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

If you are a victim or witness to discrimination, you can report it to the police or gendarmerie. You can also call on the French Defender of Rights or anti-discrimination associations to support you in your efforts. As a victim, you can file a complaint against the alleged perpetrator.

The discrimination may be caused by an individual (natural person), a public official (e.g. police officer) or a person with a public service mission (e.g. RATP supervisor). The steps you can take differ depending on the author of the offense.

Discrimination by an individual

If you consider yourself a victim of discrimination, you must gather evidence to establish that offense.

These facts can be proven by any means. These may include:

  • Testimony from friends, colleagues, etc.
  • Written exchanges with the author of the facts (SMS, emails...)
  • Phone records.

It is also possible to use testing method. This method consists in comparing the results obtained by several identical persons at all points, except on the characteristic tested (origin, sex, physical appearance, etc.). 

For example, in a test, a nightclub refuses a group of "typed" people but accepts just after a group of "white" people. This is racial discrimination.

As a victim or witness of a discrimination, you can alert the police or gendarmerie via instant messaging. One chat 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 can refer you to specialists (victim assistance associations, psychologists, etc.). It can also guide you if you wish lodge a complaint.

If you are a victim of discrimination, you can enter the Defender of Rights by phone or online. A special provision is made for deaf and hard-of-hearing people.

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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 Defender of Rights 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, publicity of the facts). In case of agreement, the transaction must be validated by the public prosecutor
  • A lawsuit If the Defender of Rights becomes aware of facts which may constitute an offense or if the author refuses the transaction, the Defender of Rights shall 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.

As a victim, you can contact an anti-trafficking association discrimination. These associations can help you in your efforts, especially with the Defender of Rights (for example, the association can join you when you contact the Defender of Rights).

Some associations may file civil suits in your place, provided you have given them your consent. The purpose of this civil party constitution is to defend your rights to be compensated.

Civil action may be brought by associations which have regularly been registered for more than five years:

  • Proposing to combat racism or to assist victims of discrimination based on their national, ethnic, racial or religious origin
  • Proposing to combat discrimination based on sex, morals, sexual orientation or gender identity
  • The purpose of which is to defend or assist the sick, disabled or elderly.

FYI  

Associations regularly declared for more than 5 years involved in the fight against discrimination or working in the field of disability can make a group action in front of court of law.

This action may be envisaged if several persons have been discriminated against on the same ground by the same person. It allows discrimination to be ended and compensation for the harm suffered to be obtained.

To bring criminal liability of the author of a discriminationYes, you can file a complaint.

The complaint triggers a police investigation. This investigation may result in the judgment and conviction of the perpetrator by the criminal courts.

File a complaint

If you are a victim of discrimination, you can file a complaint against the perpetrator (for example, the owner of a dwelling, your employer).

If the perpetrator represents a legal person (example: a nightclub manager), you can also call into question.

The deadline for filing a complaint is 6 years from the event.

The complaint can be filed at any police station or gendarmerie brigade.

Who shall I contact

You can ask for the assistance of a lawyer. This professional accompanies you from the filing of a complaint until the possible judgment of the discriminator.

Who shall I contact

You can also to be a civil party to obtain damages.

Obtain the conviction of the perpetrator

If the alleged acts constitute discrimination, the perpetrator may be tried and convicted by the correctional court.

If you have engaged the responsibility of a legal personShe may also be sentenced by the court.

The natural persons risk different penalties than those incurred by legal persons.

These penalties are increased when discrimination is committed in a place where the public is welcome (e.g. a restaurant) or in order to prevent access to such a place.

Natural person

General case

The discriminator faces up to three years in prison and €45,000 of fine.

Discrimination in a public-friendly environment

If the discrimination is committed in a place open to the public or in order to prevent access to such a place, the perpetrator shall be liable to a term of imprisonment of five years and €75,000 of fine.

Legal person

General case

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

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

Discrimination in a public-friendly environment

If the discrimination is committed in or to prevent access to a place open to the public, legal person shall be liable to a fine of €375,000.

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

Example :

The manager of a nightclub refuses to bring in a group of "typed" people while he accepts a group of "white" people. In this case, it is possible to bring criminal liability for the nightclub. This will allow her to be fined. The decision may be published in the press.

Discrimination by a public official

If you consider yourself a victim of discrimination, you must gather evidence to demonstrate that infringement.

Discrimination can be proven by any means. These may include:

  • Testimony from friends, colleagues, etc.
  • Written exchanges with the author of the facts (postal mail, emails)
  • Phone records.

It is also possible to the testing method. This method consists in comparing the results obtained by several identical persons at all points, except on the characteristic tested (origin, sex, physical appearance, etc.). 

For example, as part of a test, three fictitious students ask masters students in writing about how to apply for their courses. The student with a surname of foreign origin does not get the same answer as the 2 students whose surname has a French connotation.

As a victim or witness of a discrimination, you can alert the police or gendarmerie via 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 can refer you to specialists (victim assistance associations, psychologists, etc.). It can also guide you if you wish lodge a complaint.

If you are a victim of discrimination, you can enter the Defender of Rights by phone or online. A special provision is made for deaf and hard-of-hearing people.

Répondez aux questions successives et les réponses s’afficheront automatiquement

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, publicity of the facts). In case of agreement, the transaction must be validated by the public prosecutor
  • A lawsuit If the Defender of Rights becomes aware of facts which may constitute an offense or if the author refuses the transaction, the Defender of Rights shall 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.

As a victim, you can contact an anti-trafficking association discrimination. These associations can help you in your efforts, especially with the Defender of Rights (for example, if you have filed a complaint against the perpetrator, the association can join your complaint).

Some associations may file civil suits in your place, provided you have given them your consent. The purpose of this civil party constitution is to defend your rights to be compensated.

Civil action may be brought by associations which have regularly been registered for more than five years:

  • Proposing to combat racism or to assist victims of discrimination based on their national, ethnic, racial or religious origin
  • Proposing to combat discrimination based on sex, morals, sexual orientation or gender identity
  • To defend or assist the sick, disabled or elderly
  • Aimed at combating social or cultural exclusion of persons in a state of great poverty or because of their family situation

The purpose of this civil party constitution is to compensate the victim of discrimination.

To bring criminal liability of the author of a discriminationYes, you can file a complaint.

The complaint triggers a police investigation. This investigation may result in the judgment and conviction of the perpetrator by the criminal courts.

File a complaint

If you are a victim of discrimination, you can file a complaint against the perpetrator (public official or public service official).

Warning  

If the acts were committed by a public official, it is impossible to file a complaint against the administration that employs him. Only a staff member who has discriminated in the performance of his duties or duties may be held criminally liable.

The deadline for filing a complaint is 6 years from the event.

The complaint can be filed at any police station or gendarmerie brigade. You can also to be a civil party to obtain damages.

Who shall I contact

You also have the opportunity to to be a civil party to obtain damages.

From the filing of a complaint to the judgment of the perpetrator, you can be assisted by a lawyer.

Who shall I contact

Obtain the conviction of the perpetrator

Where a public official acting as a depositary of a public authority or carrying out a public service mission is guilty of discrimination, the administration employing him may impose a disciplinary penalty on him.

In addition, he may be tried and sentenced to a criminal penalty by the correctional court.

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Disciplinary sanctions

Any discrimination committed by a public official in the exercise or in connection with the exercise of his duties shall expose him to a disciplinary sanction.

Criminal sanctions

A public official who has discriminated in the course of his duties or duties shall be liable to:

  • 5 years in prison
  • €75,000 of fine.

It also risks additional penalties such as a ban on engaging in the professional activity in which he has discriminated.

Who can help me?

Find who can answer your questions in your region

  • To know your rights as a victim of discrimination

    Defender of Rights

    By telephone (general information)

    09 69 39 00 00

    Cost of a local call

    Monday to Friday from 8:30 am to 7:30 pm

    By post (from France, free and without postage)

    Defender of Rights

    Free answer 71120

    75342 Paris cedex 07

    Attention: attach photocopies of the documents relating to your referral to your post.

    By email

    Access to contact form

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