Lutte contre les Discriminations

Fight against discrimination

Is considered discrimination:

Origin : by a foreign-sounding name and / or first name, appearance and skin color, an accent
Nationality : by providing an identity document, an accent, a name and / or a foreign-sounding first name
Gender : by first name, appearance, ID, document indicating gender
Sexual orientation : by standing hand in hand with a person of the same sex, specifying “with my partner / husband” or “my partner / wife”;
Disability : by physical appearance, by showing up with a wheelchair, a white cane, by mentioning the presence of a disabled child, by indicating the recognition of disabled worker in the CV, by mentioning financial assistance (ex: AAH ), by asking questions about the accessibility of a building
State of health : by communicating their HIV status, diabetes, food allergies, using a medical device (asthma inhaler), etc. ;
Place of residence : by mentioning his address / postal code (for online purchases or on his CV for example), his city, his district of residence, etc.
Age : by physical appearance, a document indicating the date of birth if it is not directly mentioned in the CV, presenting a background of training and professional experience indicating dates which suggest the age of the tester or by presenting certain types of income or status (student / retiree), etc.
Physical appearance : in person or by photo; Economic vulnerability: by mentioning being a beneficiary

CMU, domiciled in a social action center, etc.

In addition to this, you need to know more about it.

First of all, your complaint must be legally admissible. For this there is the "discrimination test" (Article 225-3-1 of the penal code).

The DISCRIMINATION TEST consists of 9 points:

In addition to this, you need to know more about it.

Have been the victim of discrimination in order to then be able to lodge a complaint or exercise an appeal
Keep evidence like the documents you provided.
Being on the good or service is always available, such as an ad yet in line ect ....
Establish a reference profile, ie only the characteristic constituting a criterion of discrimination (origin, age, etc.) is distinguished, the rest of the information must be similar.
Provide one or more witnesses unrelated to you or the victim so that they can attest to the progress of the test and the discussions. The person (s) who made up the reference profile may be among the witnesses;
Carry out the test in 2 stages by first presenting your profile or that of the victim, then the reference profile (profile without the characteristic exposing to discrimination), within a short time to avoid any change in circumstances which could explain the difference in treatment .
Do not influence the interlocutor by remarks, attitudes or leading comments. Remain neutral and avoid any incitement to discrimination
Keep all the elements to ensure the follow-up of the test and the identification of the implicated: photos of the physical persons testers, screenshots of the advertisements tested, recordings of telephone conversations, SMS, CV, cover letters, history of exchanges of emails, names of contacts, place of the test, etc.
Have witnesses take attestations . A “witness certificate template” can be downloaded from the website www.service-public.fr .

Also many associations can support you during your process.

For more information, go to www.defenseurdesdroits.fr

In addition to this, you need to know more about it.

Source: Practical sheet - Defender of rights.

Discrimination

3 years' imprisonment and a fine of 45,000 euros (Criminal Code - Articles L.225-1 and L.225-2)

Discrimination by a depositary of public authority or a person responsible for a public service mission

5 years' imprisonment and a 75,000 euro fine. (Criminal Code - Article L.432-7)

Discrimination or sanction against a victim or witness of sexual harassment

1 year imprisonment and a fine of 15,000 euros

(Labor Code, article L.122-46); (Criminal Code, article L.222-33)