Discrimination in Employment

Paper Summary:

This paper presents a general survey of the French legislation with regard to discrimination in employment. The paper emphasizes that nowadays international and European laws clearly influence French law in a general way and explains that the study, therefore, make many references to international and European provisions.

Outline:
The French Legislation: Positive Evolution and Drawbacks.
Article L.125-45 of the Labor Code and the Progressive Widening of its Scope
The Prohibited Criteria of Differentiation
The Restrictive View of the Different Lists of Prohibited Criteria in French Law And Its Incompatibility With International Law
Lawful Use Of Prohibited Criteria In Some Exceptional Circumstances
The Sanctions Of A Discriminatory Act
Mutual Influence Of French And English Law
The Development Of Indirect Discrimination in French Law: Influence Of English Law Through EU Law
The HALDE And The New UK Equality And Human Rights Commission: Two Organisations With The Same Objective, I.E. Promoting Equality.
Examples Of The HALDE's Decisions
The New Equality and Human Rights Commission Existing In The UK, A Brief Reminder
Britain: From a Multiplicity Of Provisions Specific to Each Kind Of Discrimination Towards a Unique French Style Provision?

From the Paper:

"First, the list of discriminatory criteria contained in Article 26 of the International Covenant on Civil and Political Rights of the 16th of December 1966 is non restrictive. This text is a worldwide treaty whose authority is superior to that of French law. Similarly, the list included in Article 81 of the European Charter of Fundamental Rights, annexed to the Nice Treaty, is non restrictive, and despite the rejection of the Treaty Establishing a Constitution for Europe, this Charter may well one day become binding in EU law."

Sample of Sources Used:

• Hyper Cours (Cours, Documents, Exercices), Droit du Travail - Relations Individuelles, Emmanuel Dockes, Editions Dalloz 2005
• Cours Droit du Travail, Tome 1, Introduction - Relations individuelles du travail, Bernard Bossu, Francois Dumont et Pierre-Yves Verkindt, Montchrestien, Edition 2007

More papers on Discrimination in Employment:

• Analytical Essay # 126769 : "Discrimination in Employment"
• Essay # 90572 : "Age Discrimination in Employment Act of 1967"
• Analytical Essay # 49570 : "Discrimination in Employment and Sociology"

APA Citation:

MLA Citation: