Instead of positive discrimination, it would be better to speak of “positive action”. The expression, in principle, is used in European law and has the advantage of eliminating all the ambiguities linked to the translation of the English term affirmative action. Commonly, the American system is understood by the establishment of quotas, which makes shudder, a country attached to its republican universalism. However, since 1978, the American Supreme Court has prohibited the use of quotas. It reaffirmed this in a judgment in June 2003, while upholding the right of universities to favor students from ethnic minorities. Positive action therefore does not necessarily involve the establishment of quotas.
Positive discrimination or positive action are a set of measures intended to correct the discrimination suffered by women, people of immigrant origin, the disabled, etc. This is not a privilege but a boost to promote access to a job, to a position of responsibility, to training. With equal skills, the employer will choose “preferably” one of these people. Professor points out, “the job market naturally produces discrimination. Some are so strong that, without corrective policy, the situation may never really change for a very long time.
Positive action towards women is enshrined in the labor code. Companies are therefore not prohibited from taking “temporary measures for the sole benefit of women” with the aim of establishing gender equality. These measures can last three or five years. But very few companies apply this provision of the labor code. The principle of positive action is also enshrined in European law, in particular in the Community directive of September 2002 on gender equality. However, the system is not applicable to people with an immigrant background.
French law does not define the individual by his ethnic origins. Sometimes it does not recognize ethnic minorities in public space. Hence the impossibility for the companies to carry out policies of affirmative action towards these people. In the United States, on the other hand, it is not forbidden to identify or designate an individual by his origin. Learn more about affirmative action. In some countries, the ban also covers any “sensitive or confidential data” concerning an individual, his sexual orientation for example.
It is therefore legally impossible to launch positive actions in favor of homosexuals or people of color. Failing to favor these different groups, companies can ensure the “mix” of their workforce. That is to say respecting “equal treatment” between all employees, as provided for in the labor code. In the United States, on the other hand, it is not forbidden to identify or designate an individual by his origin. Hence the affirmative action. Ban also covers any “sensitive or confidential data” concerning an individual, his sexual orientation for example. It is therefore legally impossible to launch positive actions in favor of homosexuals or people of color.
Failing to favor these different groups, companies can ensure the “mix” of their workforce. That is to say respecting “equal treatment” between all employees, as provided for in the labor code. In the United States, on the other hand, it is not forbidden to identify or designate an individual by his origin. Hence the affirmative action. The ban also covers any “sensitive or confidential data” concerning an individual, his sexual orientation for example. It is therefore legally impossible to launch positive actions in favor of homosexuals or people of color. Failing to favor these different groups, companies can ensure the “mix” of their workforce. That is to say respecting “equal treatment” between all employees, as provided for in the labor code.
The ban also covers any “sensitive or confidential data” concerning an individual, his sexual orientation for example. It is therefore legally impossible to launch positive actions in favor of homosexuals or people of color. Failing to favor these different groups, companies can ensure the “mix” of their workforce. That is to say respecting “equal treatment” between all employees, as provided for in the labor code. The ban also covers any “sensitive or confidential data” concerning an individual, his sexual orientation for example. It is therefore legally impossible to launch positive actions in favor of homosexuals or people of color. Failing to favor these different groups, companies can ensure the “mix” of their workforce. That is to say respecting “equal treatment” between all employees, as provided for in the labor code.
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