Age Discrimination
Created by the Law dated December 30, 2004, the HALDE (High
Authority for the Fight against Discrimination and for
Equality) is an independent statutory authority vested with
broad powers in order to deal with all forms of
discrimination.
The HALDE also strives to promote equal opportunities,
especially regarding senior workers, which might lead to a
change in French legislation.
Powers of the HALDE
The HALDE is competent to deal with all forms of
discrimination, whether direct or indirect1,
prohibited by law or by an international commitment ratified by
France. It was created following Directive 2000-78 dated
November 27, 2000, which establishes a general framework to
ensure equal treatment of individuals in the European Union
regardless notably of their age with respect to access to
employment or occupation. French law also prohibits
discrimination on the grounds of age (Article L.122-45 of the
French Labor Code and Articles 225-1 and 225-2 of the
French Penal Code).
Employees can submit their cases directly to the HALDE,
which can moreover automatically submit cases to itself, when
it considers these to be relevant. The HALDE will investigate
the claims it receives by asking any person, company or public
body for explanations, information or documents. It may also
conduct onsite inspections and obtain evidence from any person
whose testimony it deems necessary or helpful. If the HALDE
concludes that a case of discrimination exists, this helps the
victims to compile their case files and informs them of the
appropriate procedure for said cases. The HALDE informs the
State Prosecutor ("Procureur de la
République") of any event brought to its
knowledge and which appears to constitute an offence.
At the request of the parties, or at their own initiative,
civil, criminal and administrative courts may request that the
HALDE present observations regarding the instances of
discrimination submitted to them. The HALDE itself may request
to appear before these courts.
Where facts suggest discrimination committed by the
employer, the HALDE can offer a criminal settlement agreement
("transaction pénale") to the
employer in the form of a settlement fine of €3,000 for an
individual and €15,000 for a company.
The HALDE's main decisions concerning age
discrimination
Concerning recruitment in the private sector:
The HALDE considered that more than 40 job advertisements
posted on the Internet mentioned an age limit (Decision
n°2005-14 dated June 20, 2005)...
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