Retaliation occurs in situations where somebody (an employer, service provider, etc.) treats you unfairly or badly because you have complained, or helped someone else to complain about discrimination.
Treating someone unfairly or denying certain rights because a person has complained about discrimination in his or her case, or instead of someone else is prohibited. A victim of discrimination or another person knowing about discrimination might suffer even further, if repressive measures are taken against him or her. This is especially the case of whistleblowers whose aim is to reveal information and actions that are unlawful or immoral, such as revealing a discriminatory measure for example. Whistleblowers are specifically protected by the French Criminal Code which prohibits discrimination based on someone’s status as whistleblower.
According to French law, if someone has given evidence in good faith of a discriminatory practice, or has reported it, it is forbidden to treat that person unfavourably as a result. This rule applies in all situations, but especially in the workplace, where it is forbidden to discriminate against an employee for having reported an offence, such as a discriminatory practice.
example An employee cannot be dismissed or subjected to discriminatory measures regarding remuneration, promotion, working hours, renewal of contract etc., for having reported discriminatory practices.
The prohibition of discrimination is violated, if someone is victimized as a consequence of a complaint about discrimination. This also applies when a person is treated differently because they refused to suffer sexual harassment or complained about such acts.
example If a person is dismissed or refused promotion because he or she has filed a discrimination complaint against the employer, or stood as a witness and given evidence in a discrimination case, it is considered to be victimisation. Retaliation also includes when an employer takes unfair disciplinary action against a person because of his or her complaint about discrimination.
This does not mean that every adverse action against a complainant is retaliation. Adverse action is allowed if it is not linked to the discrimination complaint.
example A person who had previously complained about discrimination, is fired for being drunk when performing job-related tasks.