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Direct Discrimination
When a rule or measure explicitly provides for unequal treatment. Example: refusing access to a service or employment to a person because of their nationality or sexual orientation.
” The prohibition of all forms of discrimination is grounded in the fundamental principle of equal treatment,, as stated in Article 1 of the Universal Declaration of Human Rights (1948): ‘All human beings are born free and equal in dignity and rights.
This principle is an essential foundation for ensuring social justice and preserving cohesion in our societies.
However, unequal treatment does not automatically constitute discrimination if it can be justified by a higher interest, such as positive discrimination aimed at restoring equal opportunities.
Conversely, inequality becomes discriminatory when unfavorable treatment is directly linked to a personal characteristic or membership in a specific group without legitimate justification. This obligation to combat discrimination also applies to the workplace, where employers are required to respect and enforce this principle.”
– Aurélie Nusbaum-de Francesco
What is discrimination?
Discrimination refers to any form of unequal treatment based on the essential and immutable characteristics of an individual, leading to unjustified disadvantage or exclusion.
It occurs in situations where individuals in similar circumstances are treated unfairly due to their gender, ethnic origin, sexual orientation, skin color, religious beliefs, age, or disability.
Article 8, paragraph 2, of the Swiss Federal Constitution guarantees equality before the law and prohibits any form of discrimination motivated by racial, social, political, or philosophical factors.
Common forms of discrimination and their manifestations
Discrimination can be direct or indirect and manifests in various forms:
Indirect Discrimination
When a measure or rule, although seemingly neutral, results in disproportionate effects for a particular group. Example: recruitment criteria that indirectly disadvantage women or people with disabilities.
In Switzerland, Article 261bis of the Penal Code punishes discriminatory acts that deny the fundamental rights of a person based on their race, ethnic origin, or cultural background.
In the professional field, discrimination can occur at different stages:
- Recruitment, where certain candidates are excluded due to their origins or age;
- Hiring, with wage disparities despite equivalent positions;
- During a career, where employees face obstacles to progression due to gender or other personal characteristics.
The effects of discrimination on individuals and organizations
Discrimination, whether overt or hidden, has significant consequences:
For victims:
- Limitation of opportunities, preventing personal and professional growth;
- Psychological and physical issues, such as chronic stress, anxiety, or depression;
- Degradation of self-confidence, leading to progressive social isolation.
For organizations:
- Increased internal tensions and conflicts, harming the work environment;
- Decreased motivation and performance of affected employees;
- High indirect costs related to prolonged sick leave or excessive turnover;
- Significant risk to the company’s reputation, potentially affecting its brand.
Personalized support to address discrimination
Facing discrimination can be challenging, as it often generates feelings of shame or fear.
Today, many companies have implemented internal processes to handle these situations, including appointing independent and trained person of trust to manage psychosocial risks.
The trusted person can:
- Provide a secure and confidential listening space;
- Offer tailored solutions and pragmatic support to help victims regain control of the situation;
- Advise managers and leadership on corrective measures to implement.
Victims are also encouraged to report incidents to their hierarchy, human resources, or competent internal bodies.
Building an inclusive environment: keys to prevention
Inclusion is a powerful lever for building a respectful and collaborative corporate culture.
For employees:
- Inclusion ensures fair treatment, where everyone can thrive, find their place, and feel valued.
For companies:
- A diversity and inclusion policy enhances talent attraction and retention;
- It fosters innovation through diverse ideas, experiences, and backgrounds;
- It addresses legal and ethical challenges while becoming a true strategic and economic asset.
To effectively combat discrimination and build an inclusive environment, proactive action is essential. Contact Aurélie Nusbaum-de Francesco for personalized support, whether to address a discriminatory situation, conduct an internal investigation, or implement tailored prevention and management mechanisms for your organization.
Discover my other services dedicated to the prevention and management of psychosocial risks: