ABSTRACT
Although some principles of non-discrimination in employment relations have long been enshrined in French law, it is only recently that discrimination issues have become a main concern for employment policies and labour law. The main provision prohibiting discrimination at work is Art L122-45 of the Labour Code first introduced by a Law of 1982.1 Prior to that development, specific provisions existed prohibiting discrimination on the ground of trade union membership and pay discrimination between men and women. Since 1982 the list of prohibited discrimination grounds has been extended repeatedly,2 in part to comply with Community law requirements. In 2001, the Anti-Discrimination Act of 16 November significantly reshaped the legal framework for combating discrimination. It sought to implement the EU Framework Directive on Equal Treatment3 and, in addition, to give effect to a government programme of anti-discrimination measures. To that extent, the Act in part goes beyond the Directive’s requirements. It supplements the existing provisions of the Labour Code, adding a new Article L122-45 which broadens the field of prohibited forms of discrimination. Moreover, the notion of indirect discrimination is inserted into the Labour Code; and the rules on the burden of proof in discrimination cases are amended.4
