contriBu-tions
2005-2009
Moreover, the HALDE has taken action and engaged in partnerships with many different stakeholders in both the private and public sector in social and economic spheres. In the field, it has been able to build a network of over 100 local correspondents who have been very effective.
The HALDE is now working in 81 departments in metropolitan and overseas France.
The fact that it is well-known is proof that it is effective. Work has been undertaken with many private and public stakeholders in
the economic and social spheres, ministries, local authorities, large companies, recruitment agencies, real estate professionals and associations.
In addition to this work, the HALDE has conducted public commu-nication campaigns so that people can see what the HALDE does and to insure that it becomes a means of redress for everyone.
Today, opinion polls show that 54% of the general public know that the HALDE exists versus 16% in December 2005. Some 83%
consider that its action is effective and 96% consider combating discrimination to be important.
today the HaLde is well-known and recognized and has proven to be useful and effective. Over the past five years, it has received over 30,000 complaints that have resulted in 1,148 council decisions. some 64% of its recommendations have been followed and action has been taken on 78% of observations it presen-ted before courts.
Fighting discrimination
When handling claims, the HALDE examines all grounds for discrimination, seeks better solutions so that victims enforce their rights and makes recommendations to widen the scope of its decisions and promote equal opportunities.
origin is cited in 28% of claims and is the leading discrimi-nation ground. The HALDE engages in criminal proceedings provided for by law, when the defendants state their discrimina-tory intentions, which remains the exception.
In order to be as effective as possible, the HALDE most often takes action in civil courts. In such cases, the plaintiffs must present facts making it possible to presume that discrimination has taken place. It is up to the defendants to demonstrate that their decision is based on objective grounds and that there has been no discrimination. As a result of the HALDE’s action, a decision was rendered in a case relating to a refusal to rent a property on grounds of origin. The compensation awarded corresponded to three times the monthly rent. This precedent setting decision now serves as a reference.
The HALDE l kewise asked the competent authorities to justify differential treatment based on national origin, especially regar-ding international conventions ratified by France. It recommen-ded significant changes to regulations and practices and they were made. Further to its recommendation, all large families residing in France are now eligible for a large family discount card, regardless of their nationality. Thanks to the HALDE, court decisions were rendered in many cases including the freeze on military pensions of former fighters from former French colonies and the refusal to pay family benefits to families of children who
entered national territory other than for family reunification. The HALDE hopes that the modification of legislation in force will help curb the number of cases brought to court.
The HALDE submitted observations regarding a bill on control-ling immigration, integration and asylum and regarding an amendment to the data protection act to facilitate research in measuring the diversity of origins, discrimination and integra-tion.
The HALDE worked to facilitate the issuance of administrative documents for travellers, such as identity cards and medical insurance cards. Many times it pointed out that it was manda-tory to enrol children in school, regardless of their parents’ admi-nistrative status. It broadened the scope of its decisions and made recommendations on the status and situation of travellers so that discriminatory provisions could be eliminated. It took a stance on the situation of the Roma migrants, which were the subject of a report by its Advisory Board.
the HaLde has given full meaning to the principle of non-discrimination based on disability laid down in the Act of 10 February 2005. The HALDE monitored compliance with the obli-gation to enrol disabled children in school, but also worked to gain equal access to extracurricular activities and school trans-portation, which is required if children are to be properly educa-ted. It recommended that social housing be allocated as a prio-rity to disabled people in accessible housing units. This recommendation was the subject of an amendment of Article R441-3 of the Building and Housing Code.
The HALDE considered not allowing children with food allergies to attend day care centres and school cafeterias to be discrimi-natory. A Marseille administrative court used its precedent setting analysis. A number of city halls have now allowed these children to bring their school lunches and therefore eat with their class-mates.
The HALDE makes sure that employers have effectively sought solutions so that disabled workers may be hired or keep their jobs through reasonable accommodation and redeployment measures.
gender discrimination is mainly against women. The HALDE uses a comparison based on comparable groups of male and female workers to highlight unequal treatment and especially unequal pay. It thus obtained court decisions compensating the injury suffered, at times for years. Women are also victims during pregnancy and when they return from parental leave. As a result of the HALDE’s work, court decisions have been rendered with very considerable compensation for delayed promotions, unpaid bonuses and unfair dismissals. The HALDE disclosed decision and helped make people feel less resigned to discrimination, as can be seen in the increase in complaints filed by women.
The HALDE recommended that in similar situations, people who have already raised their children be treated in the same way, regardless of their gender. The Cour de cassation took a stance in this connection in a recent decision. The HALDE issued recommendations on gender equality to the government and social partners, especially on equal representation in companies’
boards of directors, enforcement of a March 2004 national multi-industry agreement and parental leave reform for better task sharing.
the HaLde has also taken action against discrimination on grounds of trade union activity. As a result of the HALDE’s work, the idea of discrimination by association has been recogni-zed. A labour court took note of the HALDE’s observations and considered that the real reason for a worker’s dismissal was the trade union activity of her partner who benefited from legal protection against dismissal.
Complaints made to the HALDE for discrimination on the basis of trade union activity were often accompanied by discrimination on other grounds such as origin, age, disability, or family status via parental leaves. Behind these multi-ground discrimination cases, there is often the hidden desire to dismiss an employee and to get around providing the protection from which employee representatives benefit.
The HALDE considers that all absences other than legal holi-days should be taken into account in the same way. The HALDE is therefore fighting indirect discrimination that occurs when absences are taken into account in wage calculation.
Since 2005, the HaLde has been handing down decisions on age discrimination. The HALDE has determined the discri-minatory nature of such wording as “young dynamic computer
technician, chief financial officer between 30 and 40 years old”.
In 2006 and 2007, it reviewed several hundred thousands of advertisements, and where necessary, recommended notifica-tions of the law, penal transacnotifica-tions (negotiated criminal sanc-tions) and referrals to the public prosecutor. It has thus raised awareness of the illegal nature of this commonplace practice and most recruitment agencies have committed to no longer mention age requirements. The HALDE has paid close attention to indirect discrimination that under the pretext of an apparently neutral requirement such as experience excludes certain age groups. Moreover, the HALDE has requested detailed justifica-tions for age limits in the civil service and in a number of public service enterprises.
It managed to do away with certain age limits, particularly at France’s state-owned power company, Electricité de France (EDF), and the Health Ministry. The discrepancies established by the HALDE have spread to other sectors. The question of justifying age limits is now being raised in the three branches of the French civil service and all state-owned companies.
The HALDE pointed out the employer’s responsibility in haras-sment on grounds of sexual orientation. It stated that trans-ferring the victim was not an acceptable solution and perpetra-tors, colleagues and bosses should be punished.
as regards religious beliefs, the HaLde ensures complian-ce with the law. Religious freedom is a constitutional principle guaranteed by laicité (secularism). Under such secularism, government workers must not display any religious affiliation and religious symbols may not be worn by students attending state primary and secondary schools. The HALDE thereby has consi-dered that not allowing a high school student to wear a Sikh turban was legitimate. However, it considered not allowing mothers wearing headscarves to go on school field trips to be discriminatory.
Behind each HaLde decision is a concrete case, human suffering, for which a solution is found. What’s more, when the HALDE observations result in court decisions, case law is established to serve as a reference for settling similar cases. The HALDE has helped educate and train legal professionals, magis-trates, lawyers and bailiffs. Together with the national police department and gendarmerie, it established a training course to gather and handle discrimination complaints more effectively.
Faced with the difficulty of producing evidence, the HALDE considers discrimination testing to be an effective technique to demonstrate unequal treatment. It conducted tests to verify hiring processes and tested a technique to determine different types of discrimination in renting private housing.
the HaLde has developed mediation techniques making it possible to maintain employment. To be more effective, it set up a network of mediators trained to use this technique.
the HaLde investigates an individual case then expands
the scope of its decisions by making recommendations to improve the law and practices. For example, the HALDE considered that in cases where obligations for married couples and those in civil unions are identical, the consequences for them should be similar. This prevents unequal treatment on grounds of family status and indirectly on grounds of sexual orientation. This recommendation led the government to amend legislation on death benefits.