Discriminating against a man is illegal

Discriminating against a man is illegal

"When I was looking for a job, I was surprised to be told by the boss of a company that she intended to take on only one woman for a position that was perfectly suited to my skills. I know it's illegal to discriminate against women, but is it legal to discriminate against men?

Georges, Geneva

No! The Federal Law on Equality between Women and Men clearly states that it is forbidden to discriminate against employees on the grounds of their sex, whether in recruitment, the allocation of tasks, the organisation of working conditions, pay, training and further training, promotion or the termination of employment.

Anyone who suffers or risks suffering discrimination may ask the court or the authorities to prohibit the discrimination if it is imminent, to put a stop to it if it persists and to establish its existence if the disturbance it has created persists.

However, where the discrimination relates to a refusal to hire or the termination of an employment relationship in a private company, the injured party can only claim compensation from the employer. This is fixed in the light of all the circumstances and calculated on the basis of the salary to which the person discriminated against was entitled or would probably have been entitled. In other words, you will not be able to force your interlocutor to hire you in her company, but you may demand compensation, which is however limited by law to a maximum of three months' salary. It should be noted that where several people claim compensation for refusal to take on the same post, the total amount of compensation that the company may be ordered to pay will not exceed this amount either.

It should also be noted that a person who is not hired and who alleges discrimination may require the employer to give reasons for its decision in writing. If you wish to assert your right to compensation, you must take legal action within three months of being informed of the refusal to hire you.

Finally, you should know that there is a Federal Office for Equality between Women and Men, which promotes gender equality in all areas and works to eliminate all forms of direct or indirect discrimination; one of its tasks is to inform the public and provide advice in this area.