Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report of 2001 and the information supplied in reply to its previous direct request. It also notes the comments of the French Democratic Confederation of Labour (CFDT) submitted to the Office in December 2001 by the Government.

1. The Committee notes with interest the numerous initiatives that the Government is continuing to take to combat discrimination and to promote equality of opportunity and treatment in employment and occupation between men and women. It particularly notes with interest that Act No. 2001-1066 of 16 November 2001 to Combat Discrimination, which amends section L.122-45 of the Labour Code, introduces the prohibition of both direct and indirect discrimination in employment and occupation and adds the following new prohibited grounds of discrimination: "sexual orientation, age, physical appearance or family name". The Committee notes that section 4(III) of Act No. 2002-303 of 4 March 2002 respecting the rights of the sick and the quality of the health system also amends section L.122-45 of the Labour Code by inserting "genetic characteristics" as a new prohibited ground for discrimination. Section 1 of Act No. 2001-1066 mentioned above also amends section L.122-45 of the Labour Code and places the burden of proof in discrimination cases on the employer to prove that there has been no breach of the principle of non-discrimination in employment and occupation once the worker has made a prima facie showing of discrimination. The Committee also notes new sections L.122-45-1 and L.122-45-2 of the Labour Code which introduce the possibility for trade unions to submit complaints relating to discrimination on behalf of alleged victims.

2. The Committee notes that section 11 of Act No. 2001-1066 of 16 November 2001 to Combat Discrimination also amends section 6 of Act No. 83-634 of 13 July 1983 regulating the rights and obligations of civil servants, stating that the following prohibited grounds of discrimination are applicable to civil servants: "political, trade union, philosophical or religious opinion, origin, sexual orientation, age, family name, state of health, physical appearance, disability or membership or non-membership, real or supposed of an ethnic group of race". It also notes the amendment to prohibit retaliation against a civil servant for having lodged a complaint, or for having acted as a witness to or reported discriminatory acts.

3. Sexual harassment. The Committee notes with interest section 8 of Act No. 2001-397 of 9 May 2001 on occupational equality between men and women, which amends section L.122-46 of the Labour Code by broadening the scope of the prohibition of sexual harassment to protect applicants for jobs and training and to cover harassment not only in cases of dismissal, but also in relation to remuneration, training, reclassification, assignment, qualification, classification, promotion, transfer or contract renewal. The Committee also notes that section L.122-46 of the Labour Code defines sexual harassment as an act by a person intended to obtain favours of a sexual nature for herself/himself or for a third person. Disciplinary measures may be taken against a worker who is found to have committed harassment and employers are obliged to take all the necessary measures to prevent the occurrence of harassment in the workplace. The Committee further understands that section 179 of Act No. 2002-73 of 17 January 2002 respecting social modernization amends Act No. 83-634 of 13 July 1983 regulating the rights and obligations of civil servants, prohibits sexual harassment in the public sector and defines harassment as an act by a person intended to obtain favours of a sexual nature for her or his own advantage or for the advantage of a third person. While the Committee welcomes the strengthening of measures against sexual harassment, it notes the limited definition of sexual harassment and in this respect refers the Government to its General Observation on the Convention.

4. The Committee notes with interest that Act No. 2001-397 on occupational equality between men and women introduces the obligation to negotiate occupational equality issues every third year at the branch level and every second year at the enterprise level. Enterprises with more than 50 employees must make a detailed report on the general situation relating to equality between men and women and, in accordance with Decree No. 2001-832 issued under section 1 of the abovementioned Act of 12 September 2001, the report shall include statistical data disaggregated by sex on employment conditions, remuneration and training. The Act also repeals the prohibition of night work for women and promotes equal representation of men and women workers in professional elections and the elections of prud’hommes.

5. With respect to the role of women in social dialogue, the Committee notes the comments submitted by the French Democratic Confederation of Labour (CFDT) that the process of reflection initialized by the debate on the role of women in social dialogue by the Higher Council for Occupational Equality and the adoption of Act No. 2001-397 on occupational equality between men and women form a good starting point, but that the views of the social partners must be taken into account in order to ensure that women enjoy their full rights at all the different levels in social dialogue. The CFDT also emphasizes that re-entering the labour market must guarantee equal opportunities for men and women at all levels. In this respect, the Committee requests the Government to provide information with its next report on the measures taken to ensure the full participation of women in social dialogue.

6. In relation to all the legislative measures mentioned above, the Committee requests the Government to continue to provide detailed information on the effect given in practice to these measures, including copies of reports and studies evaluating the impact of the measures taken, and information on any problems encountered in their application, including any relevant rulings of judicial bodies. It also requests the Government to continue to provide full information on any further initiatives taken, including the adoption of legislation, to improve the situation with regard to equality of opportunity and treatment in employment and occupation for men and women workers and to prevent discrimination on the grounds set out in the Convention.

7. Discrimination on grounds of race and national extraction. The Committee notes that section 9 of Act No. 2001-1066 of 16 November 2001 to Combat Discrimination establishes a free telephone line for workers and other persons claiming to have been victims of racial discrimination. Recalling from its previous request that the measures adopted to combat discrimination do not appear to have succeeded in eliminating or reducing acts of discrimination, particularly in access to employment and training, the Committee notes the statement with respect to the integration of immigrants into the French society during the discussions respecting the adoption of Act No. 2000-1066 to Combat Discrimination that first and second generations of immigrants still have not been fully integrated and that a new approach to combating discrimination and promoting integration must be adopted. The Committee requests the Government to provide information with its next report on any analysis or assessment it has undertaken to determine the extent and nature of discrimination based on race, national extraction, colour or religion in employment and occupation, the measures adopted or envisaged under this new approach to combat racial discrimination, promote the principle of non-discrimination in employment and occupation and facilitate the integration of first and second generation immigrants into employment and occupation.

The Committee is raising other points in a request addressed directly to the Government.