This is a mixed blessing, which was given on November 16, the government on discrimination in the company. The slowness of the process and the blockages of the employers are concerned that several measures do not see the light of day.

Two years of work to address a crucial issue: the fight against discrimination. Delivery, Wednesday, November 16, Myriam El Khomri, a new report on this issue has enabled us to make a first assessment of the work carried out by the “dialogue group on discrimination at the recruitment and business” chaired by Jean-Christophe Sciberras, the HRD of the Solvay. A mixed picture that is far from making unanimity.

In may of 2015 from the first report of this expert group, the ministers of Labour of the City and the Justice had selected a dozen tracks to combat discrimination in hiring and in the course of a career.

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Several of them have since been put in place. The government particularly welcomes the success of its information campaign to twist the neck of the stereotypes, and testing from companies. But many are waiting and tracks falling of the social partners have turned short.

employers left the negotiations…

And for good reason: the management (UPA, Medef and CGPME) has slammed the door of the meetings last September. Reason: the measures envisaged were too coercive for businesses. An absence deemed “regrettable” by Myriam El Khomri, who regrets the attitude of employers ‘ organisations, and calls on them “to “return to work in a collective manner”.

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Nothing can be done. In a press release sent to the press while the meeting was being held in the department, the Medef, the CGPME and the UPA had handed over a layer of reaffirming their “strong opposition to proposals”. They also condemn the “tone accusatory report against companies and proposals dogmatic remote from their realities.” They also directly challenged the composition of the working group, which includes in their own words, of “organisations or structures whose roles are different in nature and whose objectives may not be the same”. Otherwise: they do not seem ready to discuss with associations.

The CGT is frustrated

Remained at the bargaining table, the unions are not necessarily more satisfied with the outcome of the working group. But for very different reasons. For Sophie Binet, member of the working group for the account of the CGT-Ugict, disappointment and frustration prevail. “We discussed for two years, there has been dozens of meetings and then we presented the four proposals, they are retained only partially, plague-t-it. In his view, the government does not advance enough. “There is no sign of anything tangible,” she continues. The measurement on the action group in the act Justice in the Twenty-first century is not ambitious enough in our eyes.”

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The group of experts proposed a new indicator in the social report of companies with over 300 employees: a graph representing the evolution of career and remuneration, to detect inconsistencies. But “it will only be evaluated and implemented in January experimentally, regrets Sophie Binet. In six months, new elections will take place, and any risk of going over to the door.”

“means other than the stick”

To Jean-Christophe Sciberras, head of the working group, this pessimistic view must be nuanced. “Certainly not everything is set in legislation at the end of this work, but I am in favour of the experiments on concrete before you register in an order in council, advance-t-it. These two years have not served to nothing because they have allowed us to install one of these questions in the discussions and to put in place a profound cultural change. There has already been legislation on these issues of discrimination but many were before the sanctions, but I think that we have to fight against a form of denial of reality that may take place in businesses. Fight off all of these cultural biases is done on the long term and with means other than the stick.”

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The HRD is pleased, therefore, that the action in the long course of this working group is “made permanent” by placing it under the joint responsibility of the ministries of Labour and of the City. And they have bread on the board. The first results of the campaign of testing was launched in 40 business – it was one of the proposals of the first report – show that the discriminatory practices, including the origins are common.

The ultimatum of the name and shame?

The detailed results will be published in the coming weeks, and “the business must notify us of measures they are taking to address them”, warned the minister of Labour, Myriam El-Khomi. And if they are only cosmetic, we will call those who have had discriminatory practices”, she added. Not one that the government has not yet passed.

Thirteen new proposals have also been made in the new report, such as the obligation of training on issues of discrimination for companies of 300 employees as of January 1, 2018. This point should be adopted in the project of law of equality and citizenship.

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employment Discrimination

Discrimination in hiring : seven French companies reported by the government employment Discrimination: the “name and shame” is still waiting for employment discrimination according to the origin is “significant” in large groups

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other initiatives are designed to “assess the gain by undertaking the implementation of a policy of struggle against discrimination” or “to ask for branches and companies to put in place self-testing”. A lot of intentions, suggestions… Which it is not yet known the fate.