Discrimination means preventing a person from fully enjoying their rights and freedoms due to disability, background, skin colour, age, religion, political views or sexual identity. Discrimination occurs when a person is not treated the same as another person in similar situations due to one of the aforementioned characteristics, resulting in vilification or exclusion. Speech and actions with a disparaging or discriminatory intent directed at members of certain social groups are considered discrimination. Discrimination can include any of the following:

• Verbal or written speech and actions with derogatory content such as racist jokes, etc.
• Denial of equal pay, promotions etc.

Sexism is any type of gender-based discrimination. In employment law, this applies especially to discrimination in employment, assignment of tasks, planning conditions of employment, wage payment, training or further education, promotion, or dismissal. The Equality Act (Art. 3) moreover explicitly prohibits gender discrimination in the workplace and provides particular standard operating procedures and requirements.

Discrimination can be direct or indirect. Discrimination is considered direct when unequal treatment is specifically linked to the aforementioned characteristics. This can be the case if a public amenity like a restaurant expressly prohibits people with disabilities from entering under the pretext that they would disturb the rest of the customers. Indirect discrimination can be assumed if a regulation typically results in discrimination against a group of people.

Clearly explain to the person that you feel that their behaviour discriminates against you. If the discrimination does not end or you are denied your rights and freedoms, tell this person that you will complain to a superior office if the actions do not cease immediately or you are not given your rights. Keep a written record of the incidents. Note down who committed the act, what was done, when and where it was done and whether there are witnesses or evidence. Save evidence such as e-mails, WhatsApp messages etc. Get moral and personal support in private and professional environments.

Not all people can fight against discrimination equally. Some succeed in reacting instantly to the first inappropriate act, while others are unable to stop discrimination due to their status, role, state of health, family situation, self-esteem or status of the person bothering them. Get advice if you need support or the incidents continue. If possible, talk to your superiors or the HR person responsible for you, or get advice from someone outside your workplace.

If you witness discrimination, talk to the affected person about the incidents. Encourage them to be proactive and resist the attacks. Do not take any action against the will of the person affected. If the allegations are investigated, you can make yourself available as a witness.

Show moral courage. Don’t laugh at discriminatory sayings and jokes. Say that you don’t find them funny.

Reporting within the company

If possible, get in touch with your superiors first. If you are unable or do not want to do this, you can usually also request support from contact persons in your Human Resources department. Persons in a company have an obligation to take your report seriously and deal with it.

Confidential advice (with no obligation to intervene)

If there are designated in-house representatives in your company, get in touch with them. They will give you confidential advice and support.

Movis AG’s employee counselling service is available as an external place to go for breaches of personal integrity. Report to the counsellors who are responsible for your company or ring +41 848 270 270 (24 hours / 7 days a week).

Discrimination can harm the person affected in various ways and have serious consequences. They no longer enjoy their work. They become suspicious of colleagues. Concentration and efficiency decrease. There are noticeable physical and psychological health consequences such as headaches, insomnia, backaches, stomach pain, depression, feelings of loathing and helplessness, helpless rage, etc.

People who discriminate against colleagues must expect sanctions from their employer. Depending on the severity of the misconduct, anything from a reprimand to dismissal and an entry in the personnel file should be expected.

People who demonstrably and unjustly accuse colleagues of discrimination to intentionally cause them harm can expect the same sanctions as someone who is guilty of discrimination.

Swiss Federal Constitution (BV), Art. 8, Para. 3: Discrimination prohibition

No one may be discriminated against, specifically on the basis of background, race, gender, age, language, social position, lifestyle, religious, ideological or political convictions, or a physical, spiritual or mental disability.

Equality Act (GIG), Art. 3, Para. 1+2: Discrimination prohibition

Employees may not be directly or indirectly discriminated against on the basis of their gender, specifically with reference to their marital status, family situation or, in the case of female employees, a pregnancy.
The prohibition applies especially to employment, assignment of tasks, planning conditions of employment, wage payment, training or further education, promotion, or dismissal.

Disability Equality Regulation (BehiV): Equality of disabled persons

Discrimination is defined in the Disability Equality Regulation as a qualified type of discriminatory treatment.

Swiss Criminal Code (StGB) Art. 261bis: Anti-Racism Provision

The Anti-Racism Provision provides protection from racial discrimination that occurs in public. A whole series of acts directed against people on the basis of their race, ethnicity or religion are made punishable offences.

Swiss Code of Obligations (OR), Art. 328: Duty of care

In an employment relationship, employers must respect and protect the character of employees, give appropriate consideration to their health, and ensure that morality is safeguarded.

Federal Labour Act (ArG), Art. 6: Health protection

Employers must take all measures necessary to safeguard and improve health protection and guarantee the physical and psychological health of employees.

Ask which personnel regulations or laws apply in your business. These provide information about company procedures and codes of conduct.

Brochure: Mobbing und andere Belästigungen – Schutz der persönlichen Integrität am Arbeitsplatz, SECO