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Gender equality in the workplace is an important debate in France. Despite significant developments in recent years, there are still significant differences between women and men at work. Women are paid less than men (9% gap in equal positions and skills) and have more difficulties in accessing positions of responsibility. What is professional equality? What does the law say? How can gender equality in the workplace be promoted? We take stock in this new article.

What is professional equality?

Professional inequalities persist between men and women, even though women have massively invested in the labour market. Gender equality in the workplace is an economic necessity in the face of an ageing population and the resulting strains on the world of work. The policy of gender equality at work is based on two main principles:

• Equal rights: it prohibits any discrimination of employees, regardless of their gender.
• Equal opportunities: the objective is to remedy the inequalities encountered by women.

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Gender equality: what the law says

Discrimination against women in employment

 

Even today, many women are still discriminated against in job interviews. According to one study, a woman has 20% less chance than a man of being called back by a recruiter when she applies for a position in a so-called male sector, despite having strong skills related to the latter.

The desire to have children can also sometimes be a concern in all sectors of activity. Indeed, this parameter is too often taken into account by recruiters when hiring women. They often give preference to men or women who do not plan to become pregnant in the coming years.    

However, professional equality between men and women is strictly regulated at national, European and international level. According to Article R 1142-1 of the French Labour Code, it is forbidden to refuse to hire a person on the basis of gender, pregnancy or marital status. Only the list of professional activities for which gender is a determining condition is legitimate. This list is periodically reviewed.
 

Law on equal pay for women and men     

 

Employers are required to provide equal pay for work of equal value for men and women. Differential pay based on gender is strictly prohibited. It is important to note that no employer's decision (classification, promotion, training, transfer, dismissal, disciplinary action, leave, etc.), nor any collective agreement or agreement clause can be based on gender.

The measures cited do not prevent the introduction of temporary measures aimed at establishing equality between men and women. De facto inequalities affecting only women can be remedied. These measures are the result of a branch agreement for professional equality.

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What can be done to promote gender equality in the workplace?

What solutions against inequalities?

There are several solutions to promote parity in the workplace:

• Providing training on gender equality in the workplace to managers and decision-makers in the company is a major step towards exploring the strategic challenges of gender diversity.
• Enabling them to follow diversity training aimed at optimising diversity approaches within the company.
  According to the Avenir Professionnel law, all SMEs (companies with less than 50 employees) must have a reference person.
• Trained, this person will be able to have a global vision of the situation. The referent is the designated person to turn to when employees notice injustices, gender-based violence or discrimination.
• Mandatory posting of laws on gender equality.
• Calculate and publish the professional equality index: all companies with at least 50 employees must calculate and publish on their website a professional equality index every year. They must also communicate the details of the different indicators to the labour inspectorate (DIRECCTE) and their social and economic committee (CSE). A comprehensive support system and a calculator are available to companies to help them in their efforts.

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Our model action plan for gender equality

Implementing concrete actions for equality implies focusing on several points:

• No discriminatory hiring decisions based on women's situation and plans.
• Do not allow a pay gap between men and women. Posting of articles L1142-1 to L1144-3 on the premises is mandatory. It is also important to put in place indicators to monitor changes in the situation within companies.
• Promote the development of women by offering them qualifying, diploma or professional training.
• Enable women to access positions of responsibility and professional promotion.