Discrimination at work

Verified 20 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)

An employer refuses to hire a candidate because of his or her background? This is discrimination. In the workplace, decisions must be based on professional criteria and not on discriminatory grounds (gender, age, union or political views, etc.). All workers and applicants for employment, traineeships or training are protected against discrimination at work. We present you the information to know.

Non-discrimination rules are provided for employees or candidates in the private sector. Within the civil service, there is also a principle of non-discrimination.

Private sector

Discrimination in the workplace is intended to treat a person unfavorably on the basis of a criterion prohibited by law (e.g. origin, age).

Please note

Anyone working in the company (employee, supervisor, trainee, apprentice) is protected against discrimination.

Prohibited discrimination criteria

There are 25 criteria of discrimination prohibited by law:

  • Origin
  • Sex
  • Family status
  • Pregnancy
  • Physical appearance
  • Particular vulnerability related 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
  • Quality of whistleblower
  • Quality of facilitator of whistleblower or a person in connection with a whistleblower
  • Spoken language (ability to speak in a language other than French)
  • Ethnicity
  • Nation
  • Presumed breed
  • Religion 

Circumstances

Discrimination at work can occur at different points in a person's career:

  • Recruitment (Hiring)
  • Dismissal
  • Renewal of a contract
  • Transfer or promotion to another internal position
  • Determination of salary and other forms of remuneration
  • Vocational training
  • Reclassification
  • Determination of the tasks entrusted to the employee
  • Determination of the employee's working hours.

Types of discrimination at work

Within a company, discrimination can take two forms:

  • Direct discrimination. In this case, the perpetrator voluntarily makes a decision on the basis of a discriminatory criterion prohibited by law (e.g. the employer prevents an employee's career progression as a result of his participation in a strike).
  • Indirect discrimination. In this case, the author makes a decision that appears neutral but ultimately puts some people at a disadvantage compared to others. For example, one allows only males to remain in the company after 50 years. There is therefore indirect discrimination based on sex and age.

In some cases, there may be a specific reason for refusing to hire or for any difference in professional treatment.

Thus, the following activities can be reserved for a woman or a man:

  • Artists to perform a male or female role
  • Models responsible for presenting clothing and accessories
  • Male and female models for photographs.

For reasons of safety and health protection, access to certain jobs may be denied to workers who are too young and/or too old. Employment of young people below a certain age may be prohibited by law (e.g. night work).

It is also possible to fix a maximum age for recruitment. This discrimination must be justified: it must be based on the vocational training required for the position or on the need for a reasonable period of employment before retirement.

Differences in treatment based on a person's state of health or disability are justified if they have been established by a doctor and if they are necessary and appropriate.

Other differences in treatment may be provided for by law. For example:

Please note

The employer has the right to request personal information during a recruitment or during the professional career of one of its employees.

The employer may request documents and information from its employees and from the candidate who wishes to join its company.

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Hiring Candidate

The information requested from a candidate during a recruitment should only allow to evaluate his skills.

Thus, when applying, the employer can request several documents, including a curriculum vitae, a letter of motivation, a copy of the diplomas obtained, etc. It can also verify the criminal record of the candidate by requesting a extract from his criminal record.

The employer is obliged to comply with certain selection of candidates. He should not ask unjustified questions about privacy, especially if the information requested may constitute a ground for discrimination: questions about religious practices, marital status, etc.

Please note

A job applicant is not required to disclose her state of pregnancy.

Employee already hired

The employer must respect the privacy of its employees. It can only collect the information it actually needs for staff management and work organization. These may include:

  • From a bank identity statement
  • The tax rate in the context of a withholding tax
  • Type of driver's license
  • Contact details of a relative who can be contacted in an emergency.

The employer has no right to request other types of information (for example, it cannot request information on religion, political or trade union views).

Please note

An employee must reveal pregnancy to his employer only before leaving on maternity leave.

The victim of discrimination at work must gather evidence to report the facts to his employer and take action before the labor court (for example, if she wishes to rejoin the company) and/or before the criminal courts (for example, if she wants her employer convicted).

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Before the Labor Court

The worker who wishes to act before the labor court, must bring together elements suggesting the existence of discrimination. These may include the following:

  • Testimonies
  • Written exchanges with the author of the facts (SMS, emails...)
  • Results of a testing
  • Working documents (example: a professional evaluation, the team task sheet, a pay slip attesting to the non-award of bonuses).

Warning  

It is preferable that all these elements be dated.

However, it is up to the employer to prove that the decision taken was justifiede by objective elements and foreigners to any discrimination.

Before criminal courts

The worker who wishes to act before the criminal courts must gather elements proving the existence of discrimination. These may include the following:

  • Testimonies
  • Written exchanges with the author of the facts (SMS, emails...)
  • Testing
  • Working documents (example: a professional evaluation, the team task sheet, a pay slip attesting to the non-award of bonuses).

Warning  

It is preferable that all these elements be dated.

The employer is presumed innocent. So he doesn't have to provide evidence that its decision was based on criteria foreigner to any discrimination.

The victim or witness of discrimination at work can alert the police or gendarmerie by instant messaging. Ec cat allows dialog with a police officer or gendarme trained for this type of infringement.

At any time, the chat history can be deleted.

Report discrimination

The professional to whom the report is made can accompany the victim who wishes lodge a complaint and refer him to specialists (victim support associations, psychologists, etc.).

Any person who is a victim or witness of an act of discrimination may denounce these facts.

Victims and witnesses of discrimination may not be punished or dismissed for reporting or reporting such acts. There is only one exception: in the case of false allegations. The witness is protected even if, in the end, the victim's complaint was unfounded.

A situation of discrimination can be reported in different ways:

  • To the employer if he is not the author of the facts
  • By typing the Labor Inspectorate who will conduct an investigation and who may refer the matter to the judicial authorities if it considers it necessary
  • By referring the matter to the staff representatives. In companies with fewer than 11 employees, the victim may inform the Regional Interprofessional Joint Commission (CPRI).
  • By referring the matter to the Social and Economic Committee (CSE) if it exists in the company. The EESC has a right to alert. So he can refer the matter to the labor court in an accelerated manner.
  • Informing existing representative trade union organizations. These organizations will be able to take group action before the courts.

FYI  

The whistleblowers discrimination have special protection.

The victim of discrimination at work may free of charge the Defender of Rights.

It is possible to contact the competent lawyers by phone or online. These exchanges are confidential.

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By phone

The Defender of Rights can be reached at 3928.

Online

It is possible to contact the lawyers of the Defender of Rights by instant messaging (chat).

Contact the Rights Defender via instant messaging

Access is provided for deaf and hard of hearing people.

Anti-discrimination - solution for deaf and hard of hearing people

Seizing the Defender of Rights can lead to 3 solutions:

  • A mediation : appointed by the Defender of Rights, the Ombudsman hears the persons concerned. Mediation may not exceed 3 months, renewable 1 time.
  • A transaction : the Defender of Rights proposes to the perpetrator one or more sanctions (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 legal action : if the Defender of Rights is aware of facts that constitute a infringement or if the author refuses the settlement, the Defender of Rights refers the matter to the public prosecutor.

FYI  

The victim who refers the case to the Defender of Rights may 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 file.

Victims of discrimination at work may obtain compensation for their harm before the labor court. In particular, it may seek the annulment of the decision based on a discriminatory ground or compensation.

Moreover, if several workers have been discriminated against on the same ground by the same person, trade union organizations and certain associations may make an application for group action in front of court of law.

Action of the victim

An employee may refer the matter to the labor court to resolve any dispute over a case of discrimination. For example, an employee dismissed for a discriminatory reason may apply for reinstatement in the company.

An applicant for a job may also appeal to the labor court against his refusal to hire.

The time limit for bringing proceedings before that court is 5 years from disclosure of discrimination.

If discrimination is upheld, the labor court may:

  • Declare that the dismissal of the employee is null and void
  • Reintegrate the employee into the company
  • Order the continuation of the employment contract.

If the employee does not wish to rejoin the company or pursue his contract, the employer may be ordered to pay him a compensation in the amount of more than 6 months' salary.

Who shall I contact

Before the labor court, the assistance of a lawyer is not mandatory, but remains advisable. If the victim so wishes, he or she may therefore call upon a lawyer.

Who shall I contact
Group action

One group action can be conducted when several candidates for a job or internship or several employees have been discriminated against on the same ground prohibited by law (for example, the employer does not want to recruit different people because of their skin color).

Only a representative trade union organization or an approved association (and regularly declared for at least 5 years) involved in the fight against discrimination or working in the field of disability can bring the class action.

The court is seized on behalf of and on behalf of the victims of discrimination.

Before going to court, the trade union or registered association must ask the employer to stop the discrimination. If the employer does not respond in a 6 months delay or if it refuses to put an end to discrimination, the trade union organization or the approved association may take a class action.

Group action allows:

  • Termination by the employer of a breach of its discrimination obligations
  • The liability of the discriminator so that victims can obtain damages.

The victim of discrimination may incur the responsibility of the alleged perpetrator of the acts by lodging a complaint against him.

If the alleged offender is found guilty, he may be sentenced to imprisonment and/or a fine.

Please note

The criminal justice system does not punish discrimination based on the right to strike.

How to file a complaint against the discriminator?

The victim of discrimination may lodge a complaint with the police station or gendarmerie brigade of his choice.

The time limit for filing a complaint is 6 years from the last day the offense was committed.

Who shall I contact
Who shall I contact

FYI  

During the complaint, the victim may constitute a civil party. This status will allow him to monitor the progress of the case and to claim compensation.

If she so wishes, she may request the assistance of a lawyer. The lawyer may be present from the filing of the complaint until the trial before the correctional court.

Who shall I contact

FYI  

If the victim's income is not sufficient to pay the lawyer, she can make a application for legal aid.

How is the conviction of the perpetrator of the discrimination done?

At the end of the investigation, the perpetrator may be tried and sentenced by the correctional court. The natural persons and the legal persons face different penalties.

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The perpetrator is a natural person

If it considers that discrimination exists, the correctional court may punish the perpetrator.

Discrimination shall be punished when it consists of:

  • Refuse to hire, sanction or dismiss a person
  • Make a job offer, an application for a traineeship or a period of training conditional on a discriminatory ground prohibited by law
  • Refuse a student or student enrolled in a technical education institution.

If the perpetrator is a natural person, he shall be liable to:

  • 3 years in prison
  • And €45,000 of a fine.

Apart from these cases, the criminal courts penalize any measure (refusal of professional promotion, reclassification, transfer, etc.) taken on account of the sex or trade union opinion of the worker.

Thus, a person who takes a measure that violates professional equality between men and women shall be punished by one year in prison and €3,750 of a fine.

In addition, a person who takes a measure based on a worker's trade union views is liable to a penalty of €3,750 of a fine.

Please note

If the victim has filed a civil suit, the criminal court may also order the perpetrator to pay compensation.

The perpetrator is a legal person

If it considers that discrimination exists, the correctional court may punish the perpetrator.

Discrimination shall be punished when it consists of:

  • Refuse to hire, sanction or dismiss a person
  • Make a job offer, an application for a traineeship or a period of training conditional on a discriminatory ground prohibited by law
  • Reject a student or student enrolled in a technical education institution

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

It also incurs additional penalties, in particular the publication of the court decision in the written press.

Public sector

Discrimination in the workplace is intended to treat a person unfavorably on the basis of a criterion prohibited by law (e.g. origin, age).

Principle of non-discrimination in the public service

A public official must not be discriminated against, including by his hierarchy.

Any distinction or difference in treatment shall be prohibited if it is based on one of the following criteria:

  • Origin
  • Sex
  • Family status
  • Pregnancy
  • Physical appearance
  • Particular vulnerability related 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
  • Quality of whistleblower
  • Quality of facilitator of whistleblower or a person in connection with a whistleblower
  • Spoken language (ability to speak in a language other than French)
  • Ethnicity
  • Nation
  • Presumed breed
  • Religion 

The principle of non-discrimination applies from the recruitment phase of the candidate for a public official position. It is valid throughout the professional career of the agent, whether he is civil servant or contractor.

Please note

Public officials may not be discriminated against on the basis of their political opinions or religious beliefs. Nevertheless, because of the principle of neutrality that applies to any public official, the decisions of the official must be taken solely in the interest of the public service and not on the basis of his political or religious beliefs.

Types of discrimination at work

Two forms of discrimination are prohibited in the civil service:

  • The direct discrimination. In this case, the perpetrator is aware that he or she makes a decision based on a discriminatory criterion prohibited by law (e.g. an offer of employment indicates that women with children cannot apply).
  • The indirect discrimination. In this case, the author makes a decision that puts some people at a disadvantage compared to others, even though this measure seemed neutral. For example, one allows only men to remain in the institution after 50 years. There is therefore indirect discrimination based on sex and age.

In certain circumstances, the employing authority has the right to base its decision on a discriminatory ground or to make a difference in professional treatment.

Can a case of discrimination be based on citizenship?

Recruitment in the public sector is limited:

Are discrimination based on age, sex or health status allowed?

In some specific cases, distinctions based on sex, age or health status may be made by the administration.

Exceptionally, separate recruitment for women or men may be provided for where gender is a determining condition for the performance of the duties.

For example, when setting up a selection board for competitions or examinations or when appointing staff representatives to representative bodies (for example HEADING: titleContent), the administration must comply with the parity.

In addition, age conditions may be laid down for the recruitment of a member of staff active category (e.g. in case of recruitment into the police).

Age requirements may also be set 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 employment bodies or managers by internal promotion.

Distinctions may be made between public officials in order to take into account possible physical inabilities to perform certain functions. For example, a contract staff member may be dismissed if he or she is declared unfit by the occupational physician and his or her reclassification appears to be impossible.

An officer who considers himself a victim of discrimination must gather elements that suggest the existence of discrimination. These may include the following:

  • Testimonies
  • Written exchanges with the author of the facts (SMS, emails...)
  • Results of testing
  • Working documents (example: a professional evaluation, the team task sheet, a pay slip attesting to the non-award of bonuses).

But it's up to his superiors to prove that the decision taken was justifiede by objective elements and foreigners to any discrimination.

The victim or witness of discrimination at work can alert the police or gendarmerie by instant messaging. One cat allows dialog with a police officer or gendarme trained for this type of infringement.

At any time, the chat history can be deleted.

Report discrimination

Report a case of discrimination to law enforcement

The professional to whom the report is made can accompany the victim who wishes lodge a complaint and refer him to specialists (victim support associations, psychologists, etc.).

Any person, victim or witness of discrimination, may denounce these facts while remaining protected. An officer who testifies or relates to acts of discrimination cannot be penalized, except in the case of false allegations.

To report discrimination at work, the officer may use the reporting mechanism for acts of violence, discrimination, psychological or sexual harassment and gender-based behavior in the public service.

This reporting system includes 3 types of procedures put in place by the employer:

  • A procedure for the collection of reports made by officers who are victims or witnesses of psychological or sexual harassment
  • A referral procedure for victims to the competent services and professionals responsible for their support
  • A procedure for referring victims or witnesses of harassment, discrimination or violence to the competent authorities to take any appropriate protective measures and ensure the treatment of reported incidents. These authorities will carry out an administrative investigation.

The employing authority shall determine the means by which such an alert may be sent to the competent authority. It also provides for the information and documents to be provided in support of the alert.

Every public official shall be informed by the hierarchical authority to which he or she belongs of the existence of the reporting mechanism, its mode of use and the procedures it provides for.

The system guarantees the strict confidentiality of the information transmitted by the victim or witness during the processing of the report.

The victim of discrimination at work may free of charge the Defender of Rights.

It is possible to contact the competent lawyers by phone or online.

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By phone

The Defender of Rights can be reached at 3928.

Online

It is possible to contact the lawyers of the Defender of Rights by instant messaging (chat).

Contact the Rights Defender via instant messaging

Access is provided for deaf and hard of hearing people.

Anti-discrimination - solution for deaf and hard of hearing people

Seizing the Defender of Rights can lead to 3 solutions:

  • A mediation : appointed by the Defender of Rights, the Ombudsman hears the persons concerned. Mediation may not exceed 3 months, renewable 1 time.
  • A transaction : the Defender of Rights proposes to the perpetrator one or more sanctions (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 legal action : if the Defender of Rights is aware of facts that constitute a infringement or if the author refuses the settlement, the Defender of Rights refers the matter to the public prosecutor.

FYI  

The victim who refers the case to the Defender of Rights may 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 file.

The victim of discrimination at work may report such acts to the administrative tribunal.

Moreover, if several workers have been discriminated against on the same ground, by the same person, certain representative trade union organizations and certain associations may make an appeal. group action before the administrative court.

Action of the public official

A discriminated officer may apply to the administrative tribunal the place where the administration which took the discriminatory measure is located.

Referral to the Administrative Court shall be made by application submitted to the Registry, by hand or by post.

Who shall I contact

The administrative judge may order the employing administration to compensate the victim for the harm suffered.

Before the administrative court, the assistance of a lawyer is not mandatory but remains advisable.

If the victim so wishes, he or she may therefore call upon a lawyer.

Who shall I contact
Group action

One group action can be conducted when several candidates for a job or internship or multiple agents have been discriminated against on the same ground prohibited by law (for example, the employer does not want to recruit different people because of their skin color).

Only an association regularly declared for at least 5 years intervening in the fight against discrimination or working in the field of disability can make a group action in front of administrative tribunal.

Such action may be initiated after a period of 6 months from the day on which the administration was ordered to cease discrimination.

The group action aims to:

  • Termination by the employer of a breach of its discrimination obligations
  • Compensation for victims of discrimination at work.

Please note

In the event of discrimination suffered by employees of a public employer, a class action may be brought by a trade union of civil servants or magistrates.

The victim of discrimination may lodge a complaint against the perpetrator.

If the alleged offender is found guilty, he may be sentenced to imprisonment and/or a fine.

File a complaint

The victim of discrimination may lodge a complaint with the police station or gendarmerie brigade of his choice.

Who shall I contact
Who shall I contact

FYI  

During the complaint, the victim may constitute a civil party. This status will allow him to monitor the progress of the case and to claim compensation.

If she so wishes, she may request the assistance of a lawyer. This professional assists the victim from the filing of a complaint to the trial of the perpetrator by the correctional court.

Who shall I contact

FYI  

If the complaint is filed without follow-up or if the person has not heard from the police, gendarmerie or public prosecutor for more than 3 months following his complaint, he can file a complaint. complaint with civil party.

Obtain the conviction of the perpetrator

If the discriminator is found guilty, he or she may be sentenced to up to 3 years in prison and €45,000 of a fine.

If the victim has filed a civil suit, the criminal court may also order the perpetrator to pay compensation.

Who can help me?

Find who can answer your questions in your region

  • For information on your rights as a victim of discrimination

    Administrative information by phone - Allô Service Public

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      For more information on this subject, you can contact Allô Service Public.

      Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.

      He does not respond questions on unemployment compensation and approaches to the France Labor (formerly Pôle emploi), the officials or contract workers of the fcivil service, the amount or payment of contributions social, wage or employer.

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      The informants who answer you belong to the ministry in charge of labor.

  • To denounce discrimination at work

    Defender of Rights

    By post (from France, free and without postage)

    Defender of Rights

    Free answer 71120

    75342 Paris cedex 07

    Warning: attach to your mail the photocopies of the documents relating to your referral.

    By email

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