What is discrimination?

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

Discrimination is a offense which consists in treating a person unfavorably on grounds prohibited by law (e.g. origin, sexual orientation, etc.). This offense may be committed by an individual (natural person), a depositary agent of the public authority or a person entrusted with a public service mission. We present you with the information you need to know.

Discrimination by an individual

Discrimination occurs when a person (physics or morality) is treated differently on the basis of a criterion prohibited by law.

Most cases of discrimination occur in the following areas:

  • Work
  • Access to housing
  • Access to services: nightclub, restaurant, taxi, bank credit, plane, etc.
  • Education: conditions of registration, admission, evaluation, etc.
  • Economic activities (e.g. boycotting all products from one country discriminates against companies producing and supplying such products because of their membership in a particular nation).

Please note

A difference of treatment on a ground provided for by law does not constitute discrimination. For example, banning the sale of alcohol to minors is not discriminatory.

Discrimination is constituted if a person justifies a difference in treatment on the basis of intentionally on any 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 

Discrimination can be direct or indirect:

  • Discrimination is straightforward when clearly visible. The perpetrator is aware that he is making a decision based on a test that is prohibited by law and he is openly posting it. For example, denying access to young children in a restaurant.
  • Discrimination is indirect when the author makes a decision that appears neutral but ultimately puts some people at a disadvantage compared to others. For example, a bank accepts only the French ID card as proof of identity. This discriminates against French residents of foreign nationality.

As a matter of principle, only the perpetrator can be tried and convicted by the correctional court.

However, if the representative of a legal person discriminates, the legal person may be held criminally liable.

For example, the manager of a nightclub is discriminating. 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.

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

The legal person shall be liable to a fine equal to €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.

Discrimination by a public official

Discrimination may be directed at a natural person or a legal person. This infringement occurs when a public official (e.g. a police officer) or a person with a public service mission (e.g. a bus driver) relies on a discriminatory criterion for:

  • Deny the benefit of a right granted by law. For example, a prefecture official refuses to issue a residence permit to a person even though the law allows him to benefit from it
  • To curb the normal exercise of an economic activity (industrial and/or commercial activity). For example, a mayor encourages the municipal services to boycott the products of a company located in another commune. There is indirect discrimination based on residence.

Discrimination shall be constituted if the official acting as depositary of the public authority or entrusted with a public service mission takes his decision on the basis of intentionally on any 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 

Discrimination can be direct or indirect.

  • Discrimination is straightforward when clearly visible. The perpetrator is aware that he is making a decision based on a test that is prohibited by law and he is openly posting it. This is the case, for example, with the mayor boycotting products from a foreigner country.
  • Discrimination is indirect when the author makes a decision that appears neutral but ultimately puts some people at a disadvantage compared to others. For example, a commander writes a memorandum stating that only candidates from a certain municipality can apply for a fire brigade position. In this case, there is indirect discrimination based on place of residence.

Disciplinary and criminal sanctions are imposed on officials who are acting as public officials or carry out a public service mission who commit discrimination.

Please note

If the acts were committed by a public official acting as a depositary of public authority or with a public service mission, he shall be it is impossible to file a complaint against the administration that employs it. Only a staff member who has discriminated in the performance of his duties or duties may be held criminally liable.

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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 discriminates 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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