Workplace Discrimination in Switzerland
Switzerland's anti-discrimination framework is based primarily on constitutional guarantees and specific laws for gender (GlG) and disability (BehiG). There is no comprehensive general anti-discrimination employment act, unlike the EU Equality Directives. This creates gaps for discrimination on grounds of age, sexual orientation or ethnicity in private employment.
- Swiss employment law explained for international professionals
- Legal basis, practical advice and what to do
- Relevant for expats, cross-border workers and newcomers
Protected Grounds and Legal Basis
Discrimination in employment is prohibited on the following grounds by Swiss law: Gender (Equal Pay Act GlG, Art. 3 — covers recruitment, assignment, working conditions, pay, training and termination), Disability (BehiG, Art. 6 — applies to public sector and some private sector access), General personality rights (CO Art. 328 — covers dignity and equal treatment), and Federal Constitution Art. 8 (direct applicability limited in private employment). Unlike the EU, Switzerland has no general law covering age, religion, or racial discrimination in private employment.
Procedure and Burden of Proof
For gender discrimination claims under GlG: the employee needs to make discrimination 'plausible' — then the burden shifts to the employer to prove the differential treatment is justified. This reversed burden is a significant advantage. For other forms of discrimination under CO: standard burden of proof (plaintiff must prove). Process: free conciliation before the labour court (Schlichtungsbehörde), then court. Claims must be filed within the applicable limitation period.
Remedies
Available remedies: Back pay (underpaid wages due to gender discrimination, retroactively 5 years), Compensation for moral harm (up to 3 months' salary under GlG for gender discrimination; unlimited under CO for serious personal rights violations), Injunctions (order employer to cease discriminatory practices). Wrongful dismissal for discriminatory reasons: up to 6 months' salary. Free advice: cantonal equality offices, Disability Forum Switzerland (AGILE), trade unions.
Frequently Asked Questions
Is age discrimination illegal in Switzerland?
There is no explicit law against age discrimination in private employment. However, dismissal for age alone would likely be wrongful (Art. 336 CO) and a court might find it a violation of general personality rights (Art. 328 CO). This is an area where Swiss law lags behind EU standards.
What is the difference between harassment and discrimination?
Discrimination affects terms and conditions of employment (pay, promotion, assignment) based on a protected characteristic. Harassment is unwanted conduct related to a protected characteristic that creates an intimidating or hostile environment. Both are prohibited — harassment falls under CO Art. 328, gender-based harassment also under GlG.
Can I be dismissed for filing a discrimination complaint?
Dismissal for filing a good-faith discrimination complaint is wrongful dismissal (Art. 336 CO), giving you a right to up to 6 months' salary compensation. Document the complaint and any retaliation carefully.