Discrimination at work
Verified 27 November 2020 - Directorate for Legal and Administrative Information (Prime Minister)
No employee or public official may be discriminated against at work in terms of hiring, training, salary.... This may include racial, gender, homophobic discrimination, by age or by health status. Discrimination on the grounds of political or trade union opinion is also prohibited.
Private sector
Grounds of discrimination
Discrimination occurs when the employer treats its employees differently based on:
- Age
- Physical Appearance
- Genetic characteristics
- Domiciliation
- Health status
- Pregnancy
- Disability
- Gender identity
- Spoken language (ability to speak in a language other than French)
- Place of residence
- Morals
- Name
- Philosophical Opinions
- Political opinions
- Sexual orientation
- Origin
- Particular vulnerability linked to the economic situation
- Loss of autonomy
- Alleged race, ethnicity, nationality: membership or non-membership
- Religion: belief or belonging or non-belonging
- Sex
- Family status
- Trade Unionism
Cases concerned
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
- Training
- Reclassification
- Determination of the tasks entrusted to the employee
Employees, trainees and apprentices are protected against discrimination.
Please note
no employee may be punished or dismissed for reporting discrimination.
Respect for privacy
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Hiring Candidate
The information required of a candidate during recruitment should only allow the assessment of his or her competences.
The employer is required to comply with certain rules on selection of candidates. He must not ask unjustified questions about privacy, particularly if the information requested may constitute a ground for discrimination: questions about religious practices, marital status...
For example, a job applicant is not required to disclose her pregnancy status.
Employee already hired
The employer is obliged to respect the privacy of its staff. He cannot gather information on the political or trade union opinions of its employees or on their sexual orientation, for example.
An employee must to reveal her pregnancy to his employer only before going on maternity leave.
Differences in treatment may, in some cases, justify the refusal of employment or any difference in professional treatment. This difference in treatment must meet an essential occupational requirement.
Thus, the following activities may be specifically 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 reasons of safety and health protection of workers, access to certain jobs may be prohibited for workers who are too young and/or too old.
Moreover, the employment of young people below a certain age is prohibited by law in certain cases (in the case of night work, for example).
It is also possible to set a maximum age for recruitment. The age set must take into account the need to keep the person hired in his or her position for a certain period of time before retirement and the training required.
Other differences of treatment may be provided for by law. For example:
- Youth training schemes, such as a professionalisation contract
- Supported employment contracts
- Devices reserved for persons with disabilities
If your situation requires urgent law enforcement intervention, you can alert the police or gendarmerie.
In case of emergency, and only in this situation, it is possible to alert the police or gendarmerie by telephone call, or by SMS, if you are unable to speak.
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By telephone
In case of emergency, when a quick intervention is necessary, you can call the emergency police. Dial 17.
You can also contact the 112.
Who shall I contact
Emergency Police - 17 (by phone)
By telephone
Dial 17 in the event of an emergency involving a road accident, a breach of public order or a criminal offense. A team of police or gendarmes will be on hand.
You can also dial the 112. You will then be directed to the right service according to your case. The 112 can be used in all European Union countries.
If the situation is not an emergency, call your local police or gendarmerie.
Who shall I contact
European emergency number - 112
112
Emergency number to be used for a call from a European country or from a mobile phone
24/7
Free call
You can't call
114 is the emergency call relay service if you are unable to speak on the phone (deaf, hard of hearing ...) or if it could put you in danger.
Who shall I contact
Deaf and hard of hearing emergency number - 114
By SMS at 114
Free 24/7 access
Via the emergency mobile application 114 or the website www.urgence114.fr
Free 24/7 access
Contact possible via:
- Video telephony: I communicate in sign language
- Chat: I communicate in writing
- Voice / Return text: I speak and 114 responds to me in writing (or vice versa)
An instant messenger (chat) allows you to chat with a police officer or a member of the gendarmerie. Chat history can be deleted from your computer, mobile phone or tablet at any time.
If you are discriminated against at work, you can report the facts to the employee representatives and the Social and Economic Committee (ESC).
You cannot be punished for having reported these facts, unless the report is based on imaginary facts.
On the spot
You must go to a police station or a gendarme brigade of your choice.
You may not be refused the receipt of the complaint.
The complaint is then forwarded to the public prosecutor by the police or gendarmerie.
By mail
You can file a complaint with the public prosecutor.
We need to send a free-form letter the court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter should specify the following:
- Your marital status and full contact information (address and telephone number)
- Detailed account of the facts, date and place of the offense
- Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
- Names and addresses of any witnesses to the offense
- Description and provisional or definitive estimate of the damage
- Evidence: medical certificates, work stoppages, miscellaneous invoices, findings ...
- Willingness to take civil action
File a complaint with the public prosecutor
Who shall I contact
You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.
You can also file your complaint directly at the courthouse.
In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.
Any discrimination is punishable by 3 years in prison and €45,000 of fine.
An employee may to refer the matter to the labor council to settle any conflict over a case of discrimination. For example, to challenge a rejection of a promotion.
An applicant for a job may also file a labor suit challenging his refusal to hire.
If you think you are being discriminated against, you can go to the Defender of Rights:
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On the spot
You can make an appointment with a representative of the Defender of Rights.
Who shall I contact
By mail
Who shall I contact
Defender of Rights
By telephone (general information)
09 69 39 00 00
Cost of a local call
From Monday to Friday from 8am to 8pm
By post (to lodge a complaint with the Defender of Rights) By free post, 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 E-mail
Access to contact form
Who shall I contact
Public sector
A public official shall not be discriminated against, in particular by his superiors, on the grounds of his opinions, sex, origin or state of health.
This prohibition applies to both recruitment and career development and concerns both civil servants and contractors.
Freedom of opinion means that no discrimination may be made between staff members on the grounds of their political, trade union, philosophical or religious opinions.
A public official may join the trade union of his choice.
The career of an agent who is a candidate or elected to an elected office (e.g. a municipal councilor) must not be affected by the opinions expressed during his campaign or term of office.
The administration must never mention in an agent's personal file or in any administrative document his or her political, trade union or religious opinions. The staff member may ask to consult his individual file at any time.
Any staff member who has carried out or ordered to carry out discriminatory acts shall be liable to a disciplinary sanction.
FYI
the public official is also subject to certain limits in the expression of his opinions (reservation obligation).
A public official cannot be discriminated against because of his origin, gender, health or disability.
Any staff member who has carried out or ordered to carry out discriminatory acts shall be liable to a disciplinary sanction.
However, recruitment in the public sector is limited:
- only to French citizens for so-called sovereignty jobs (police, army...)
- or French citizens, and the European Economic Area for other types of public employment.
In specific cases, distinctions based on age or sex may be made by administration between officers.
Age requirements may be laid down for the recruitment of a staff member of the active category (e.g. in the case of recruitment to the police).
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 also be made between women and men to respect parity.
This is the case when selection boards for competitions or examinations are set up or when staff representatives are appointed to representative bodies (HEADING: titleContent, Technical Committees).
If your situation requires urgent law enforcement intervention, you can alert the police or gendarmerie.
In case of emergency, and only in this situation, it is possible to alert the police or gendarmerie by telephone call, or by SMS, if you are unable to speak.
Répondez aux questions successives et les réponses s’afficheront automatiquement
By telephone
In case of emergency, when a quick intervention is necessary, you can call the emergency police. Dial 17.
You can also contact the 112.
Who shall I contact
Emergency Police - 17 (by phone)
By telephone
Dial 17 in the event of an emergency involving a road accident, a breach of public order or a criminal offense. A team of police or gendarmes will be on hand.
You can also dial the 112. You will then be directed to the right service according to your case. The 112 can be used in all European Union countries.
If the situation is not an emergency, call your local police or gendarmerie.
Who shall I contact
European emergency number - 112
112
Emergency number to be used for a call from a European country or from a mobile phone
24/7
Free call
You can't call
114 is the emergency call relay service if you are unable to speak on the phone (deaf, hard of hearing ...) or if it could put you in danger.
Who shall I contact
Deaf and hard of hearing emergency number - 114
By SMS at 114
Free 24/7 access
Via the emergency mobile application 114 or the website www.urgence114.fr
Free 24/7 access
Contact possible via:
- Video telephony: I communicate in sign language
- Chat: I communicate in writing
- Voice / Return text: I speak and 114 responds to me in writing (or vice versa)
An instant messenger (chat) allows you to chat with a police officer or a member of the gendarmerie. Chat history can be deleted from your computer, mobile phone or tablet at any time.
You can use the public service reporting system for violence, discrimination, psychological or sexual harassment and gender-based behavior. It provides for appropriate procedures for the collection of reports and for the guidance of the officer who claims to be a victim or witness.
The head of department must inform the staff member under his authority of the existence of the alert system, how it is used and the procedures it lays down.
The system must ensure the strict confidentiality of the information transmitted by the victim or witness during the processing of the alert.
If a person has been discriminated against, he or she may complain.
On the spot
You must go to a police station or a gendarme brigade of your choice.
You may not be refused the receipt of the complaint.
The complaint is then forwarded to the public prosecutor by the police or gendarmerie.
By mail
You can file a complaint with the public prosecutor.
We need to send a free-form letter the court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter should specify the following:
- Your marital status and full contact information (address and telephone number)
- Detailed account of the facts, date and place of the offense
- Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
- Names and addresses of any witnesses to the offense
- Description and provisional or definitive estimate of the damage
- Evidence: medical certificates, work stoppages, miscellaneous invoices, findings ...
- Willingness to take civil action
File a complaint with the public prosecutor
Who shall I contact
You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.
You can also file your complaint directly at the courthouse.
In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.
Any discrimination is punishable by 3 years in prison and €45,000 of fine.
The official may also bring an action before the Administrative Court for discrimination or harassment:
Who shall I contact
An officer who considers himself to be a victim of discrimination may refer the matter to the Ombudsman:
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On the spot
You can make an appointment with a representative of the Defender of Rights.
Who shall I contact
By mail
Who shall I contact
Defender of Rights
By telephone (general information)
09 69 39 00 00
Cost of a local call
From Monday to Friday from 8am to 8pm
By post (to lodge a complaint with the Defender of Rights) By free post, 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 E-mail
Access to contact form
Who shall I contact
Discrimination in hiring in the private sector
Permissible inequality of treatment in the private sector
Criminal sanctions
Protection of public officials against discrimination
Online service
FAQ
Service-Public.fr
Service-Public.fr
Ministry of Public Service