Indicator history

The legislator has foreseen in the Labour Code the possibility to request the annulment of the discriminatory measure, allowing for reinstatement in case of dismissal, retroactive indemnity (financial compensation of the loss of wages for the entire period of discrimination) and legal modification of the employee's status in his/her working environment. The Court of Cassation has repeatedly ordered the reinstatement of the career of the employee with retroactive indemnification, the ensuing cost to the employer being substantial. However, other recourses in matters of housing or non salaried employees do not benefit from this possibility and the remedy is still limited to damages.

The Law Perben II for the Adaptation of Justice to the Evolutions of Criminality was adopted on March 16, 2004. Sanctions incurred in relation to the offence of discrimination are increased to a maximum of three years' imprisonment and a fine of €45,000. The law creates an aggravating factor in relation to discriminatory refusal to sell or give access to a public place, sanctioned by a maximum of 5 years imprisonment and a fine of €75,000. The Penal Code allows accessory sanctions: posting or publication of the judgement, closing down of a public place, exclusion from procurement contracts, confiscation of a business, suspension of civil rights, and a list of further penalties which are seldom ordered. The same sentence is applicable to discrimination by public service providers. Physical as well as legal persons can be prosecuted for this offence. Since 2000, the level of penal fines and the number of prison sentences has evolved from insignificant amounts of €3,000 to €15,000 and suspended prison sentences. In addition, publication of sentences in local papers was ordered in a number of cases.

Before the administrative tribunal, two recourses are available: one for excess of power to annul the decision challenged or the full jurisdiction recourse, in order to obtain not only annulment of the decision but damages as well.

In addition to penal and administrative recourses, a civil servant can also be prosecuted for disciplinary offences.