Justice Labour law

How to deal with discrimination in employment?

Proceedings before the justice, testings: solutions exist to defend themselves against discrimination in employment; it is based on origin, sex or disability.

employment discrimination

What is employment discrimination?
An exception, employment discrimination is defined by refusing to hire a person because:

  • of his origin;
  • of his sex;
  • of his age;
  • political opinions;
  • of his religious beliefs;
  • Or disability.

Employment discrimination is punishable by law. Even if the convictions are rare, employment discrimination is punishable by three years in prison and a fine of €45,000.

However, some businesses may be exclusively for women in the fashion industry for example. Other occupations deemed hazardous will be exclusively reserved for men.

During the interview, the questions asked by the recruiter should only allow the assessment of the candidate’s skills. If a woman is at the beginning of her pregnancy during the interview, there is no requirement to indicate her status.

Employment discrimination: what recourse to justice?
The candidate who feels discriminated against may file a complaint with the police or the prosecutor. In this procedure, it is up to him to prove discrimination and its intentional nature. It may seek to prove by any means, provided that the procedures are not unfair:

  • Findings of bailiffs;
  • Findings judicial
  • Or testimony.

In civil proceedings, it is the victim of discrimination to prove the injury. The employer must then demonstrate the purpose of the reason that led him not to hire the candidate.

The candidate may also enter the administrative tribunal when he complains of an administration.

Prove discrimination
This involves, for example, sending the CV to the same employer for two equally qualified candidates regarding the level of education and professional experience. However, resumes sent will show that candidates differ with respect to their skin color, their homes or their gender, alleged discrimination criteria.

If the employer’s behavior is different for the two candidates, discrimination may be highlighted.