Principle of non-discrimination

A person may be discriminated, that is, treated differently from others, in daily life but also at work. To address this problem, the principle of non-discrimination applies.

Resultado de imagem para non-discrimination at work

Definition of the principle of non-discrimination


The principle of non-discrimination has been codified in the Labor Code. It aims to ensure equal treatment between individuals.

This principle establishes that a person can not be discriminated against because of:

- his origin;
- his sex;
- his manners;
- his gender identity;
- his age;
- his family status or pregnancy;
- his genetic characteristics;
- his belonging or not belonging, true or supposed, to an ethnic group, a nation or an alleged race;
- his political opinions;
- his trade union or mutualist activities;
- his religious convictions;
- his physical appearance;
- his last name;
- his place of residence;
- his bank domiciliation;
- his state of health, loss of autonomy or disability;
- the precariousness of his economic situation, apparent or known to the author of the decision;
- his ability to speak in a language other than mother language;

Measures of discrimination may be direct or indirect. Direct discrimination occurs when a person is treated less favorably than another in a comparable situation and on non-objective criteria.

Indirect discrimination refers to provisions, criteria or practices which are apparently neutral, but which may lead to disadvantage.

The principle of non-discrimination applied to labor law


Concretely, the principle of non-discrimination prohibits an employer from making distinctions in the treatment between employees. he can not take into account elements inherent to an employee or his or her activities in order to take a decision concerning him or her in terms of hiring, dismissal, remuneration, training, entrusted tasks, prospects for change in the company, etc.

Good to know: in any company employing at least 300 employees and in any recruitment company, recruiters are trained knowing about non-discrimination at hiring at least once every five years.

The principle of non-discrimination protects employees, trainees and apprentices. If the employer fails to comply with this principle, he is liable to criminal penalties. An employee found guilty of discrimination incurs also disciplinary penalties.

Good to know: unequal treatment can be allowed to meet an essential professional requirement.

Group action to combat discrimination


Law on the modernization of justice introduced the possibility of group action in the field of discrimination.

This group action is possible when several persons in a similar situation have been directly or indirectly discriminated against on the same ground by the same person (private or public). May aim at the cessation of discrimination, but also redressing the harm suffered by the victims.

Group action is carried out:

* for discriminations committed outside a work relationship or against candidates for employment or intership: by associations duly registered for five years, whose statutory purpose involves the defense of interests to which they have been infringed;

* for discriminations committed at work: by representative trade unions (at national, branch or company level).

Good to know: the rules of procedures applicable to group actions should be specified by a decree.

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