Law on diversity and inclusion in the workplace: understanding the obligations

Diversity and inclusion are central to companies' concerns. They have legal obligations to fulfill to guarantee equal opportunities and an inclusive work environment. Beyond legal compliance, this involves creating a climate of social and professional diversity that benefits both employees and the company.

Understanding the law on diversity and inclusion in the workplace

History and legislative evolution

Laws on diversity and inclusion in the workplace have evolved gradually. A major turning point was the publication of two European directives in the early 2000s.

• The directive of 29 June 2000 established rules to combat discrimination based on race or ethnic origin.
• The directive of 27 November 2000 created a general framework for equal treatment in employment and occupation.

These European directives have therefore played a decisive role in imposing minimum standards to guarantee equality and inclusion. They have obliged countries to adopt measures aimed at eliminating discriminatory practices and promoting broader professional inclusion. In France, these two directives were transposed into national law by the Act of 16 November 2001 on combating discrimination.

Current legal framework

The French legal framework for diversity and inclusion is based on a set of national laws. These texts are regularly updated to adapt to contemporary societal challenges.

• The law of May 27, 2008 clarifies the definitions of discrimination from the 2001 law. In addition, it extends the notion of discrimination to sexual harassment and discriminatory injunctions.
• In 2018, the law for freedom to choose one's professional future added measures aimed at strengthening the inclusion of people with disabilities in the workplace. It requires companies with more than 20 employees to meet employment quotas for people with disabilities and to organize awareness campaigns to promote their social and professional inclusion.
• Furthermore, Article L. 1132-1 of the French Labor Code prohibits discrimination in employment relationships. This includes recruitment, training, promotions, and working conditions. It has become a cornerstone in the fight against discrimination in the workplace. It covers the majority of discriminatory grounds, including gender, ethnic origin, and disability.

Regulatory authorities play a key role in implementing these laws. The Labour Inspectorate is responsible for monitoring diversity, equality and inclusion practices in companies. It conducts inspections, investigates employee complaints and, where appropriate, imposes sanctions.

Other bodies such as the Defender of Rights and the High Authority for the Fight Against Discrimination and for Equality (HALDE) also ensure the application of these laws and intervene to resolve cases of discrimination.

Legal obligations of companies regarding diversity and inclusion

Gender equality

Ensuring gender equality is an obligation specifically enshrined in the law of August 4, 2014. Thus, it is forbidden to mention the gender of the desired candidate in a job posting. It is also forbidden to recruit someone based on their gender. However, as an exception, certain specific jobs may be prohibited for women due to their dangerous nature.

Subsequently, the law of September 5, 2018, for the freedom to choose one's professional future, established the professional equality index. This index measures the gaps in pay, raises, and promotions between women and men. It also tracks the proportion of female employees who received a raise after maternity leave. Furthermore, it calculates gender parity among the ten highest earners.

Since 2020, companies with more than 50 employees have been required to calculate and publish their Index every year by March 1st. Depending on the level of this index, the company must implement corrective measures and, if necessary, a salary adjustment plan, under penalty of financial sanctions.

Furthermore, there is the law of December 24, 2021, aimed at accelerating economic and professional equality, known as the "Rixain law." It imposes quotas in management positions in large companies by 2030. Specifically, 40% of senior managers must be women, under penalty of financial sanctions for companies.

For more details, you can consult the website of the Ministry of Labour and Employment.

Fight against discrimination

Hiring, firing, appointment, disciplinary action: no employer's decision should be based on discriminatory criteria. This includes origin, gender, sexual orientation, religion, or disability. The principle of non-discrimination is enshrined in the Labor Code. Violation of this principle, as stipulated by the Penal Code, can result in three years' imprisonment and a fine of €45,000.

Accessibility for people with disabilities

The law of July 10, 1987 created the obligation to employ disabled workers (OETH). Thus, any company with at least 20 employees must employ disabled workers in a proportion of 6% of its total workforce.

Compliance with the diversity and inclusion law

Conformity assessment

Your company must first ensure that it complies with accessibility standards for both physical (elevators, ramps) and digital (website, etc.) aspects. Regarding the fight against discrimination, the company must make the various applicable laws available to its employees. Concerning gender equality, the company is required to complete an index that allows it to measure its current situation and identify areas for improvement.

Companies can assess diversity within their teams through compliance audits. By using precise dashboards, they can monitor diversity indicators and ensure legal compliance.

Internal policy development

Combating discrimination in the workplace requires strong policies. These must include specific action plans to guarantee equal opportunities, promote social and professional inclusion, and implement concrete actions to reduce representation gaps within teams. Establishing mentoring programs is also a good practice for strengthening inclusion.

Employee training and awareness

It is crucial that companies invest in diversity training programs for their employees. These programs should cover a range of topics, such as combating discrimination and promoting equal opportunities, integrating people with disabilities, and achieving greater gender equality in the workplace.

Raising awareness of diversity laws promotes inclusion in the workplace and fosters a climate that respects differences. Ongoing training in inclusion is a key factor in ensuring regulatory compliance and improving company culture.

Tools and methods for complying with diversity and inclusion legislation

Diversity audits

This is a key step in measuring a company's compliance with legal obligations regarding diversity and inclusion. These audits allow for the collection of essential data on the representation of different population groups within the workforce. They facilitate the measurement of inclusion within the company and identify areas for improvement. They can also include diversity indicators to assess progress made in terms of diversity and inclusion.

Dashboards and performance indicators

These are essential tools for monitoring progress in the area of ​​diversity. They allow companies to measure the effectiveness of their policies and implement corrective measures if necessary. The diversity index and the inclusion score are two examples of indicators to track to ensure fair and transparent human resource management.

Mentoring and awareness programs

Inclusive mentoring programs are also an excellent way to promote diversity in the workplace. They strengthen inclusive collaboration and ensure that all talent, regardless of background or skills, has the opportunity to develop within the organization.

A strong awareness of inclusion also contributes to the smooth integration of talent from diverse backgrounds. And it facilitates the management of differences within the company.

Benefits of legal compliance in diversity and inclusion

Improving the company's image

Adherence to diversity and inclusion laws enhances a company's image and contributes to building a strong employer brand. A company that respects the principles of equality and promotes diversity is perceived positively by its employees, customers, and partners. This social responsibility is a key factor in attracting talent and customers, thereby strengthening the company's appeal.

Increased employee satisfaction and retention

Companies that implement diversity and inclusion policies often experience increased employee satisfaction. Respecting everyone's rights and promoting social and professional inclusion fosters better talent retention and greater employee loyalty. This also leads to reduced turnover and improved inclusive collaboration.

Positive impact on organizational performance

Diversity and inclusion have been proven to have a direct impact on organizational performance. Diverse and inclusive teams are more innovative, more creative, and more effective. By fostering inclusion, companies can gain a significant competitive advantage and strengthen their market position.

FAQ: Your questions

What is your organization's diversity, equity and inclusion policy?

This policy aims to provide equal opportunities for all. This is true regardless of gender, origin, or disability. It includes actions to support the representation of underrepresented groups. It also aims to create a work environment that respects diversity.

What are the 5 obligations of the employer?

Among the employer's important obligations is non-discrimination. The employer must also make accommodations for disabled workers. They must guarantee equal pay. Access to continuing professional development is also mandatory. Finally, the employer must comply with quotas for disabled workers within the company.

What is a good statement of diversity and inclusion?

A good diversity and inclusion statement should reflect the company's commitment to diversity and social inclusion. It should include clear objectives for equal opportunities. It should also propose actions to support underrepresented groups. Finally, a system should be in place to track progress in these areas.

Sources

• eur-lex.europa.eu
• legifrance.gouv.fr
• juridique.defenseurdesdroits.fr
• unea.fr