MODULE CONTENTS
This module presents the legal framework governing diversity and the fight against discrimination in the workplace. It covers laws such as the OETH for the employment of disabled workers, as well as European and French legal provisions protecting victims of discrimination. The module also highlights initiatives such as the Diversity Charter and Label Diversité, which encourage companies to make an active commitment to promoting inclusion and equal opportunities.
LEARNING OBJECTIVES
The Legal Framework and Sanctions for Promoting Diversity and Combating Discrimination
Inclusion and diversity have become major issues for companies, not only from an ethical point of view, but also from a legal one. In France and Europe, a reinforced legal framework has been put in place to combat discrimination and guarantee equal opportunities. Among the most important laws is the Obligation d'Emploi des Travailleurs Handicapés (OETH), which requires companies with more than twenty employees to employ at least 6% of people with disabilities.
Since the 2000s, several European and French laws, such as the Social Modernization Act and the Equal Opportunities Act, have been passed to better define discrimination criteria and provide a framework for inclusion. These laws protect people against discrimination based on origin, gender, age, disability or sexual orientation, and severely punish employers found guilty of discrimination. Penalties can include up to three years' imprisonment and a 45,000-euro fine. The Défenseur des droits, an independent administrative authority, also plays a key role in assisting victims of discrimination.
At the same time, companies are becoming increasingly active in promoting diversity. The Diversity Charter, launched in 2004, encourages private and public sector employers to act in favor of inclusion. This initiative was followed by the creation of the Label Diversité in 2008, a scheme that evaluates and promotes the commitment of companies in their recruitment, integration and career management policies. More than 4,000 companies in France have signed the Charter, and over 20 Diversity Charters have been adopted in Europe.
The legal framework and voluntary initiatives aim to create more inclusive working environments and promote diversity in all its forms, taking into account the 25 discrimination criteria defined by the French Labor Code.
