Skip to content
Menu
← All articles
Analysis — Non-discrimination

Discrimination at work: what employers need to know

Twenty-five protected grounds, a shared burden of proof, and a reality few boards anticipate: most situations settle before litigation — provided they are legally qualified early.

Max Mamou 1 September 2026 ·8 min read

What the law calls discrimination

Discrimination is not a feeling of unfairness. It is unfavourable treatment, based on one of the twenty-five grounds protected by law, in a comparable situation. Three elements: the treatment, the ground, the comparison.

That structure is what makes a situation demonstrable — or not. Lack of recognition, an excessive workload, brutal management may all be wrongful without being discriminatory. Conversely, a decision perfectly justified on paper may be discriminatory once the comparison is made.

The burden of proof is shared

The person concerned presents facts suggesting discrimination. It is then for the employer to prove that the decision rests on objective grounds unrelated to any discrimination.

A practical consequence, often underestimated: an organisation that does not document its decisions — promotions, pay rises, assignments — deprives itself of its own defence. A case file is not built at the time of the dispute. It is built before.

Why most situations settle without a judge

Of the two thousand or so remediations we have led, close to 90% reached an outcome without the remediator approaching the person implicated directly. A written legal reading, shared without accusation, is usually enough to move the situation.

Litigation costs three to five years, exposes the organisation and rarely leaves the working relationship intact. This is not giving up on the law: it is the law used earlier.

A report like this in your organisation?

A lawyer from the network gives your team a first legal reading. Confidential, no commitment.

Get this case qualified
“A situation legally qualified within the first fifteen days almost always settles. After six months, it becomes litigation.”

The first fifteen days of a report

01 Record the facts reported: dates, places, witnesses, decisions concerned.
02 Don’t classify the case internally — the legal qualification drives the obligations.
03 Assign the person responsible for the file, and check for any conflict of interest.
04 Have an outside third party review the file before any formal decision.

A situation to handle, a programme to deploy?

Contactez-nous pour déployer Wethics.