Current Version
| Region | Martinique |
| Issue | LGBT employment discrimination |
| Status | Sexual orientation and gender identity |
| Start Date | Jul 31, 2012 |
| End Date | (none) |
| Description | Article 1 of Law No. 2001-1066 (2001) amended Article 122-45 of the Labour Code to afford explicit protection from discrimination based on "sexual orientation" in employment. It also amended Article 225-2 of the Penal Code (1994) to criminalise acts of discrimination in employment based on "sexual orientation", specifically when the discriminatory action consisted a refusal to hire, admonishment or dismissal based on "sexual orientation" (at 225-2.3), making an offer of employment, internship request, or training (at 225- 2.5), or refusal to accept a person for an internship (at 225-2.6) on such grounds. In 2008, Article 122-45 was replaced by Article L1132-1 in the Labour Code (2008), which was located under the Chapter establishing the principle of non-discrimination, keeping the explicit protection based on "sexual orientation" in employment. This provision replaced article L122-45. In 2013, Article 1 of the Law Opening Marriage to Same-Sex Couples (Law No. 2013-404) (2013) inserted Art. 1132-3-2 to the Labour Code establishing that no employee may be sanctioned, dismissed or be the subject of a discriminatory measure referred to in Article L1132-1 (cited above) for “having refused, because of their "sexual orientation", a geographical transfer to a State criminalising homosexuality”. Note : prior to the enactment of Law No. 2001-1066 (2001), French law did not include any reference to the term “sexual orientation”. However, it has been argued that there has been some form protection against discrimination based on sexual orientation, first in criminal matters since 1985, under Law No. 85-772 (1985), and then in labour law under Law No. 86-76 (1986) and then under Law No. 92-1446 (1992). These laws did not speak to “sexual orientation”: the term chosen was that of “mœurs” (French equivalent for “manners”. Articles 225-1 and 225-2 of the Penal Code (1994), as amended by Law on Sexual Harassment (Law No. 2012-954) (2012), banned discrimination based on "sexual identity". Moreover, Article L1132-1 in the Labour Code, as amended also by Law No. 2012-954 (2012), explicitly bans discrimination based on "sexual identity" in employment. Since the adoption of the Law on modernisation of the justice of the 21th Century (Law No. 2016-1547) (2016), the terminology has been changed to "gender identity" in both texts. |
| Sources | http://www.ilga-europe.org/home/news/latest/france_adds_sexual_identity_to_the_protected_grounds_of_discrimination |
Revision History (1)
| Original entry | |
|---|---|
| Status | Sexual orientation and gender identity |
| Start Date | Jul 31, 2012 |
| End Date | (none) |
| Description | Article 1 of Law No. 2001-1066 (2001) amended Article 122-45 of the Labour Code to afford explicit protection from discrimination based on "sexual orientation" in employment. It also amended Article 225-2 of the Penal Code (1994) to criminalise acts of discrimination in employment based on "sexual orientation", specifically when the discriminatory action consisted a refusal to hire, admonishment or dismissal based on "sexual orientation" (at 225-2.3), making an offer of employment, internship request, or training (at 225- 2.5), or refusal to accept a person for an internship (at 225-2.6) on such grounds. In 2008, Article 122-45 was replaced by Article L1132-1 in the Labour Code (2008), which was located under the Chapter establishing the principle of non-discrimination, keeping the explicit protection based on "sexual orientation" in employment. This provision replaced article L122-45. In 2013, Article 1 of the Law Opening Marriage to Same-Sex Couples (Law No. 2013-404) (2013) inserted Art. 1132-3-2 to the Labour Code establishing that no employee may be sanctioned, dismissed or be the subject of a discriminatory measure referred to in Article L1132-1 (cited above) for “having refused, because of their "sexual orientation", a geographical transfer to a State criminalising homosexuality”. Note : prior to the enactment of Law No. 2001-1066 (2001), French law did not include any reference to the term “sexual orientation”. However, it has been argued that there has been some form protection against discrimination based on sexual orientation, first in criminal matters since 1985, under Law No. 85-772 (1985), and then in labour law under Law No. 86-76 (1986) and then under Law No. 92-1446 (1992). These laws did not speak to “sexual orientation”: the term chosen was that of “mœurs” (French equivalent for “manners”. Articles 225-1 and 225-2 of the Penal Code (1994), as amended by Law on Sexual Harassment (Law No. 2012-954) (2012), banned discrimination based on "sexual identity". Moreover, Article L1132-1 in the Labour Code, as amended also by Law No. 2012-954 (2012), explicitly bans discrimination based on "sexual identity" in employment. Since the adoption of the Law on modernisation of the justice of the 21th Century (Law No. 2016-1547) (2016), the terminology has been changed to "gender identity" in both texts. |
| Sources | http://www.ilga-europe.org/home/news/latest/france_adds_sexual_identity_to_the_protected_grounds_of_discrimination |