LexInter | August 17, 2015 | 0 Comments


Section 1: Discrimination


Article 225-1

(Law n ° 2001-1066 of November 16, 2001 art. 1st Official Journal of November 17, 2001)

(Law n ° 2002-303 of March 4, 2002 art. 4 Official Journal of March 5, 2002)

(Law n ° 2006-340 of March 23, 2006 art. 13 II Official Journal of March 24, 2006)

Any distinction made between natural persons on the grounds of their origin, their sex, their marital status, their pregnancy, their physical appearance, their surname, their state of health, their disability, their their genetic characteristics, their morals, their sexual orientation, their age, their political opinions, their trade union activities, their belonging or not belonging, real or supposed, to an ethnic group, a nation, a race or a specific religion.
Any distinction made between legal persons on the basis of origin, sex, marital status, physical appearance, patronymic, state of health, disability, genetic characteristics, also constitutes discrimination. morals, sexual orientation, age, political opinions, trade union activities, belonging or not belonging, real or supposed, to a specific ethnic group, nation, race or religion members or certain members of these legal persons.

civil action by associations art. 2.1 of the Code of Criminal Procedure

Article 225-2

(Law n ° 2001-1066 of November 16, 2001 art. 1st Official Journal of November 17, 2001)

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Law nº 2004-204 of March 9, 2004 art. 41 I Official Journal of March 10, 2004)

The discrimination defined in article 225-1 , committed against a natural or legal person, is punishable by three years’ imprisonment and a fine of 45,000 Euros when it consists of:
1 ° refusing the supply a good or a service;
2 ° To hinder the normal exercise of any economic activity;
3 ° to refuse to hire, sanction or dismiss a person;
4 ° to make the supply of goods or services subject to a condition based on one of the elements referred to in article 225-1;
5 ° To make an offer of employment, an internship request or a period of training in a company subject to a condition based on one of the elements referred to in article 225-1;
6 ° to refuse to accept a person for one of the internships referred to in 2 ° of article L. 412-8 of the social security code.
When the discriminatory refusal provided for in 1 ° is committed in a place open to the public or for the purpose of preventing access, the penalties are increased to five years’ imprisonment and a fine of 75,000 Euros.

civil action by associations art. 2.1 of the Code of Criminal Procedure

Article 225-3

The provisions of the previous article are not applicable:1 ° Discrimination based on state of health, when they consist of operations aimed at preventing and covering the risk of death, risks affecting the physical integrity of the person or risks of incapacity for work or disability. However, this discrimination is punishable by the penalties provided for in the preceding article when they are based on the taking into account of predictive genetic tests having as their object a disease which has not yet been declared or a genetic predisposition to a disease;

2 ° Discrimination based on state of health or disability, when it consists of a refusal to hire or a dismissal based on medically established unfitness or within the framework of Title IV of Book II of the Labor Code, either within the framework of laws establishing statutory provisions relating to the civil service;

3 ° Discrimination based, in matters of hiring, on sex, age or physical appearance, when such a reason constitutes an essential and decisive professional requirement and provided that the objective is legitimate and the requirement proportionate;

4 ° Discrimination based, in terms of access to goods and services, on sex when this discrimination is justified by the protection of victims of sexual violence, considerations related to respect for private life and decency, promotion of gender equality or the interests of men or women, freedom of association or the organization of sports activities;

5 ° Refusals to hire based on nationality when they result from the application of statutory provisions relating to the civil service.


Article 225-3-1

(inserted by Law n ° 2006-396 of March 31, 2006 art. 45 Official Journal of April 2, 2006)

The offenses provided for in this section are constituted even if they are committed against one or more persons who have requested one of the goods, acts, services or contracts mentioned in article 225-2 for the purpose of demonstrate the existence of the discriminatory behavior, once proof of this behavior is established.


Article 225-4

   Legal persons can be declared criminally responsible, under the conditions provided for in article 121-2, for the offenses defined in article 225-2. The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38;
2º The penalties mentioned in 2º, 3º, 4º, 5º, 8º and 9º of article 131-39.
The prohibition mentioned in 2 ° of article 131-39 relates to the activity in the exercise of which or on the occasion of the exercise of which the offense was committed.

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