Discriminatory practices in the workplace are strictly prohibited by Article L. 1132-1 of the French Labor Code and Article 225-1 of the French Criminal Code.
Prohibited treatment includes treating an employee, a job applicant, or an applicant for an internship or a training course differently or unfavorably compared to another person placed in a similar situation based upon a protected characteristic.
In 2022, the French Act no. 2022-401 (the Act), March 21 March 2022, aimed at improving the protection of whistleblowers and implementing the EU Directive on whistleblowing1 into French law, added whistleblower status to the list of “protected characteristics” covered by French discrimination legislation. The Act came into force on 1 September 2022.
Companies need to understand the requirements of the Act and, in particular, the significance of its introduction as an amendment to existing French discrimination law.
1. Whistleblower Status Now Included in the List Of Protected Characteristics
The list of protected characteristics under French discrimination law has continuously evolved over the years. The French Labor Code now contains a list of more than 20 protected characteristics.
All protected characteristics are protected equally. They relate to the person, to situations, attitudes, convictions, and professional activities.
Whistleblower status now sits alongside existing protected characteristics such as age, gender, or disability. Protection is extended not just to...
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