France: Further equality initiatives

The principle of equality between women and men is one championed by President Jacques Chirac, who gave his personal endorsement to an equality agreement that was concluded by the social partners in March 2004. Below, we look at further initiatives in this area, which include the creation of a national equality authority and a new diversity accolade - the first of its kind in Europe.

Joint letter

Following the conclusion of a national agreement on equality in March 2004 (EIRR 363; EIRR 364), the social partners submitted a joint letter to the government on 7 July, in which they outlined further measures that will require state intervention as well a range of actions to be undertaken by the social partners themselves. They also called for the accord to be implemented across the entire country "without delay", and not just by members of the employers' associations that signed it.

As noted above, this issue is one that Mr Chirac advocates personally. It is also one that has attracted the unanimous support of all the social partner organisations, which is not a frequent occurrence. When it happened in September 2003 in the case of the new vocational training accord (EIRR 358), this was the first time for several years that an accord had received the signatures of all the social partner organisations.

The joint letter included the following requests:

  • that the public employment service, Anpe, should improve the gender balance by matching placements in employment to the proportion of women and men looking for work; and

  • that the government grant a temporary derogation from the requirement to install separate male and female washroom facilities at enterprises that only employ men or women, to allow the companies to recruit members of the opposite sex while such facilities are being completed.

    In addition, the social partners made a number of specific requests in the area of vocational training as follows:

  • that the individual's right to training (droit individual à la formation - DIF) should accrue fully or partly during time spent on parental leave;

  • that the sum allocated to parents undertaking training outside working hours to cover additional childcare costs be increased by 10%;

  • that all parents should benefit from a skills assessment and a validation of their work experience before their return to work after parental leave. This applies particularly to skills gained during a so-called period of professionalisation (période de professionalisation), during which employees may obtain a qualification on a day-release scheme; and

  • that all employees who return to work at a different company after parental leave should benefit from the same training programme they would have been entitled to follow, had they remained in their previous jobs.

    Some of these issues are covered in the above-mentioned vocational training accord, concluded in November 2003.

    Implementation of anti-discrimination Directives

    France has already transposed into national law many of the areas covered by two key anti-discrimination Directives: the Directive implementing the principle of equal treatment irrespective of racial or ethnic origin (2000/43/EC); and the framework Directive on employment equality, outlawing discrimination on grounds of religion or belief, disability, age and sexual orientation (2000/78/EC). The foundations for the Directives are contained in Articles 13 and 141 of the Treaty of Amsterdam of 1997 (EIRR 283). Both Directives prohibit discrimination in employment and training, covering recruitment and promotion, the provision of training, pay, working conditions and practices and dismissals. The race Directive also prohibits all direct and indirect discrimination and harassment with regard to education, social security benefits and healthcare, and the purchase and renting of goods and services, including housing.

    Previous changes to Articles in the French Labour Code, transposing the Directives, include:

  • Articles L.122-45, L.122-45-1, which were amended in Loi 2001-1066 of 16 November 2001. This law extended the scope of the existing anti-discrimination legislation (see Anti-discrimination law passed);

  • Articles L.122-49 and L.122-55, amended in Loi 2002-73 of 17 January 2002 on social modernisation, and which includes a prohibition of psychological harassment (see Psychological harassment at the workplace: part one); and

  • Article L.122-55, which was further modified in Loi 2003-6 of 6 January 2003.

    Shift in the burden of proof

    The new legislation shifts the burden of proof in favour of the alleged victim. If the alleged victim can establish a prima facie case of discrimination, the burden is on the alleged perpetrator to prove that it was based on neutral criteria that are not discriminatory.

    High-level authority to fight against discrimination

    One of the requirements of the race Directive is that member states establish an independent anti-discrimination body. Accordingly, on 15 July 2004, the minister for employment, work and social cohesion, Jean-Louis Borloo, presented a draft law to the council of ministers on the creation of an independent high-level authority to fight against discrimination and promote equality: Haute autorité de lutte contre les discriminations et pour l'égalité.

    Such anti-discrimination bodies are required to offer assistance and guidance to victims of discrimination as well as publish reports and submit recommendations on all questions relating to discrimination. The text of the draft French law is based on the recommendations contained in a report presented to the prime minister on 16 February 2004 (EIRR 363) by the state mediator, Bernard Stasi. The second part of the draft law completes the transposition of the race Directive, prohibiting discrimination on grounds of race or ethnic origin.

    The composition and aims of the equality authority

    This independent administrative body will comprise 11 members. The chair, and one of the members are chosen by the president; six further members are chosen by the leaders of the national assembly and the senate and the prime minister; and three by the presidents of the state council, the court of cassation and the social and economic council. The authority will be able to decide on establishing any other consultative bodies with which it plans to work and select appropriately qualified people.

    The aims of the equality authority are as follows:

  • to deal with individual complaints by people who consider that they have been victims of discrimination, whether on grounds of their race, religious belief, sex, sexual orientation or disability. The body will have the power to deal with direct and indirect discrimination;

  • to promote equality, in particular in the recognition and dissemination of examples of good practice;

  • to produce reports, opinions and recommendations for the president, the government or parliament; and

  • to coordinate studies and research into discrimination.

    Procedures for dealing with complaints

    The equality authority will have the right to request that public and private organisations provide a range of information, relating to the case in hand, and then to deal with the information provided. It is, however, unable to issue judicial punishments but it can call on public and private bodies to respond to requests for explanations and undertake investigations. It can examine documents or other sources of information and hold interviews at the place where the alleged discrimination has been carried out on behalf of individuals.

    The equality authority also has the right to request that public service organisations respond to demands for information or carry out investigations into bodies that are under their control. It will be able to pass on information gained on any infringements to the appropriate parties or disciplinary bodies with a view to imposing the appropriate sanctions. In its role as mediator, the authority will favour the peaceful resolution of issues.

    Finally, it will be able to make recommendations with regard to all activities that it finds are discriminatory and the authorities or people concerned will be required to report on action taken as result of these recommendations, and this may be made public. The authority and its members are bound by a code of confidentiality.

    The promotion of equality

    In addition to the above, the equality authority has a duty to inform about and raise public awareness of equality issues as well as carry out training programmes. Above all, it is obliged to initiate and support activities by all public and private bodies that aim to promote equality and it will play an important role in seeking to identify and formally recognise examples of good practice.

    Further, it will be consulted by the government on every question or text relating to the fight against discrimination and the promotion of equality and it is entitled to recommend legislative amendments or regulations.

    Finally, the authority will compile an annual report on its achievements over the year, which it will present to the president and parliament and which will also be made public.

    Relationship with the legal system

    Special conditions apply to the relationship between the equality authority and the judicial institutions. Among other things, it has the right to refer cases to the public prosecutor's office when the discriminatory behaviour that comes to its attention constitutes a criminal act. Additionally, it may refer a case to a judge in chambers for appropriate action, if, after issuing an enforcement notice, its demands for cooperation have still not been met. Finally, the courts may seek the authority's opinion in discrimination cases.

    Timetable for implementation

    The employment and social cohesion minister, Jean-Louis Borloo, has indicated that the draft law will be presented to parliament at the end of October or the beginning of November 2004, with a view to implementing it in January 2005. Mr Chirac commented that the creation of the equality authority was "essential for the defence of the individual's rights and liberties" and "for integration". He also stressed the antidemocratic consequences of discrimination: "All discrimination severely endangers equal opportunity and rights in our country. It is a threat to democracy."

    Recognition of good practice

    One of the initiatives taken by the French government is to introduce an official descriptor that will recognise good practice in the area of equality and anti-discrimination, known as a label égalité professionnelle. This accolade will be awarded to companies whose policies encompass equality between women and men and whose management practices recognise and reward the potential of the women in their workforce.

    This is the first time such an initiative has been launched in Europe to identify those enterprises that pursue active diversity policies. As the prime minister, Jean-Pierre Raffarin said, in a speech celebrating International Women's Day on 8 March 2004: "Equal treatment of women and men at work should become an integral feature of all company policies, but it should also be recognised and rewarded by the appropriate authorities."

    The accolade will be awarded to companies in recognition of exemplary diversity policies and will initially be valid for three years, although it is renewable. Overall, the initiative seeks to achieve the following objectives:

  • to promote examples of good practice. As well as the official descriptor, a guide to good practice in diversity management is in the process of being compiled.

  • to reinforce the fight against discrimination at work. Among other things, this goal will be realised through the creation of a high-level authority to fight discrimination in 2005 (see text ); and

  • to evaluate the progress of equality. A tripartite working group has been established by the prime minister to identify the relevant indicators and to compile a register of equality at work, enabling the exchange and the dissemination of information, the analysis of the situation and the impact of government policy and other measures on collective bargaining.

    Companies that are likely to be eligible for this descriptor include those that have concluded equality accords, such as: PSA Peugeot Citroën (see Equality accord at Peugot Citroen); the Thales group (EIRR 362); Renault (EIRR 363); and France Télécom (see Equality agreement at France Telecom). Information on equality accords concluded at defence company EADS and energy supply company EDF and Gaz de France appears in the box .

     

    Equality accords

    Equality agreement at EADS

    On 22 June 2004, management and unions (CFDT, CFE-CGC, CFTC and FO) at the French subsidiary of the EADS European defence and space group, which employs 43,000 people, concluded a company agreement on equality at work between women and men. A similar agreement is to be signed this year at the EADS group in Germany, which employs 41,000 people. Currently, women comprise only 17% overall of the French workforce; this proportion falls to 10% among the technical staff. By the end of 2006, the agreement aims to have increased the proportion of female employees in all areas of the business to 20%.

    The section of the agreement relating to the gender mix within the workforce is designed to establish a coherent strategy that should encourage the recruitment of women to aeronautics, space and defence and increase the proportion of women in sections of the business where there are few female workers.

    Recruitment

    One way to improve the recruitment of women is to ensure that the number of women appointed is at least equivalent to the proportion of female applicants for work. To establish where women are working, each sector of the business will be required to map out its "feminisation" levels in various skills areas. Each sector of the business will be obliged to carry this out this exercise every year.

    Career development

    Additionally, the accord contains an undertaking to ensure equal opportunities for women with regard to their career development, and each subsidiary will be required to allocate a share of the budget to fund increases in relation to the proportion of women working in each area. According to the agreement, company policy should take this into account in its policy on the promotion of individuals.

    Also, after consulting with the unions, the company will devise a specific plan of action for the period 2004 to 2006 that will be aimed at improving promotion prospects for women at all levels. Furthermore, this initiative will not be financed from the normal funds that cover the regular pay increases. For their part, the unions undertake to increase the number of women standing as candidates in social elections.

    These policies will initially be pursued for a three-year period and will continue to be renewed for three years at a time. Each three-year period will include an assessment of progress made during the three previous years.

    Parental leave and parental responsibilities

    The accord envisages changing the arrangements for parental leave, in particular, in relation to maternity leave. In future, women will be able to reduce their working time by one hour a day from the third month of their pregnancy, from which time they will also be entitled to request changes to their job.

    Employees anywhere in the group will be able to take parental leave for up to four years, and this time will be taken into account in the calculation of service. On returning to work, whether from paid or unpaid parental leave, non-management workers' pay will have kept up with the general pay increases awarded during the period. Those in the management levels will benefit from the average pay increases awarded to managers.

    Parents needing to care for sick children will be entitled to a day's credit a year, increasing to three days, depending on how many children they have; this new measure will apply throughout the group. Also, the number of days' credit may be accumulated over time, up to a maximum of nine days. Single parents and those with disabled children will be eligible for up to four days' additional leave a year, up to an accumulated limit of 12 days. In addition, individual companies within EADS will have the power to allow two hours of paid leave a day for a maximum of one year to parents, whose child or children are seriously ill.

    The company will pay for any additional childcare costs that result from employees undergoing a training course outside normal working time, providing that it leads to a valid qualification.

    Ongoing research

    Finally, the accord calls for a methodological study to be carried out every three years that will be scientifically valid. A joint working group will be allocated the task of harmonising the indicators in all the various existing documents.

    EDF et Gaz de France

    On 13 July 2004, management and unions (CGT, CFDT, FO, CGC and CFTC) at the electricity and gas provider, EDF and Gaz de France (GDF), signed a three-year agreement on equal treatment for women and men at work. This seeks to address cases of unequal treatment through a number of innovative measures.

    Pay

    Cases of unequal pay for women and men will be rectified by introducing individual annual pay bonuses for women.

    Recruitment and promotion

    In future, the proportion of women and men recruited to the company will match the numbers of women and men who graduate in the given subject area.

    The company undertakes to reduce the gap between women and men, in particular in relation to their access to management positions. It also plans to make it easier for women to undergo professional development at all stages of their career by enrolling them on short courses which are as near as possible to their workplace.

    Work-life balance

    Finally, the accord envisages measures to allow parents to achieve a better work-life balance. This will apply particularly to parents needing to take care of sick children. Fathers, as well as mothers, will be allowed time to do this, and every site will have a designated diversity representative. There will be a special intranet page devoted to diversity questions.