Employment

Discrimination is prohibited by law in all legal employment relationships, whether you are employed by a state institution or a private employer.

Employment relations cover: 

• Access to employment or to an internship (including job advertisements, recruitment requirements and the process of selection for employment)
• Access to vocational training in the company
• Performance of employment and working conditions (including remuneration, promotions, trial periods, renewal of contract, transfer to other positions, working hours, determination of the tasks given to the employee, performance assessment, dates of vacations etc.)
• Dismissals and disciplinary sanctions

Discrimination is prohibited in all these areas. Discrimination is prohibited in relation to both workers and the self-employed.

The prohibition of discrimination in employment applies to both public and private institutions, entities and individuals. Indeed, the General Code of Civil Service forbids discrimination between civil servants based on prohibited grounds. This means that the state civil service, the local authorities’ service, the hospital service and military service are all subject to the same prohibition of discrimination.

All employees, candidates for employment, work placements or internships are protected against discrimination in the workplace.

According to French law, employees who witness or report discriminatory behaviour may not be punished, dismissed or subjected to discriminatory measures. Furthermore, no decision unfavourable to an individual may be based on their submission to or refusal to submit to prohibited discrimination.

In France, the Labour Code explicitly prohibits discrimination on the grounds of: 

• Origin
• Sex or gender identity
• Sexual orientation
• Age
• Marital status, family status or pregnancy
• Genetic characteristics
• Particular vulnerability resulting from their economic situation
• Actual or supposed adherence to an ethnic group, national or alleged race
• Political opinions, trade union activities, elected office
• Religious beliefs
• Physical appearance
• Family name
• Place of residence
• State of health, disability, loss of autonomy
• Ability to express themselves in a language other than French
• Status as a whistleblower

However, there are exceptions, such as genuine requirements and ethos, which are explicitly applicable to employment and allow the employer to choose a particular type of employee.

In addition, no employee may be penalised, dismissed or subjected to any other discriminatory measure:

• for refusing, on the grounds of their sexual orientation, a geographical transfer to a country where homosexuality is a criminal offence
• because of the normal exercise of the right to strike
• because of membership of or involvement in a trade union or professional organisation
• for having served as a juror or citizen assessor

Access to employment and advertising

The prohibition of discrimination makes it illegal for employers to publish a job advertisement which shows a preference for employees of a certain sex, age, nationality or on other prohibited grounds.  

example A job advertisement that seeks young and attractive female waitresses, or discourages persons over 50 from applying for the job, is discriminatory.

Job interview

The prohibition of discrimination also forbids employers from discriminating against job applicants during the entire hiring process. This covers individual stages of hiring such as the screening of applications, job interviews, tests etc. The information requested during a job interview can only be used to assess the applicant’s ability to occupy the work position. Such information must have a direct and necessary link with the job offered or with the assessment of professional skills. 

example Employers should not ask questions about pregnancy or plans for motherhood, family or marital status, religious beliefs, national or ethnic origin, membership of a political party or trade union during a job interview.

Work conditions, promotion and training

The law prohibits employers from discriminating against employees in the determination of their work conditions, awarding promotions and involving employees in professional and in-service training.

example The announcement that only workers of a certain age are eligible for promotion or training is prohibited.

example The interruption of career progression linked to the employee’s participation in strike action is likely to constitute a discrimination.

Equal pay

You are entitled to receive equal pay for equal work.  This means that you should receive equal pay with your colleague for doing the same or largely similar work. This also applies to work which is different, but is equal in terms of the demands on an employee. 

example An employee of the opposite sex, who is in the same employment and doing the same or largely similar work, should not receive a higher salary.

example As prescribed by European law, any discrimination on grounds of nationality is prohibited. Therefore, an employee of another nationality should not receive a higher salary for doing the same or similar work, on the grounds of his nationality.

Dismissal

You should not be dismissed only because you belong to a group of people with a certain nationality, sex, age, religious beliefs or other characteristics, which are prohibited grounds for discrimination. 

example The prohibition of discrimination will be violated if an employer needs to dismiss workers and decides that workers of a certain age will be dismissed first. An employer may only take considerations related to your work into account in a case of dismissal.

While an employer may not impose restrictions on clothing that are not justified by the nature of the job, freedom to dress as one pleases at work time is not a fundamental right. It is therefore possible to dismiss an employee whose clothing is incompatible with his duties and working conditions.

What human rights violation may there be?

The prohibition of discrimination will be violated if you are not hired, promoted or are otherwise treated worse than other employees by your employer only because you belong to a group of people with certain characteristics (age, sex, nationality etc.).  

However, even if you belong to one of these groups, but you are dismissed from your employment for other reasons, such as the quality of your work or violations of the internal rules of your employer, the prohibition of discrimination will not be violated.

How to complain

If you believe that you may have been discriminated against by your employer, you may file a complaint to the National Labour Inspectorate or the Defender of Rights. You can also file a complaint to the court of general jurisdiction. As discrimination is also a criminal offence, you can file a complaint at the police station.

If you believe that you have been discriminated against in the selection procedure for a civil service position or while working as a civil servant, you may submit a complaint to the police station, to a state institution or, to the administrative court.

Read more about how to complain.