Equal treatment of agents is a basic principle of civil servants law. This general principle has many implications for agents (equal access to public employment, equal pay via the pecuniary status, etc.). In addition to the general principle, so-called “anti-discrimination” legislation also applies to administrations in their quality of employers.
Some examples of issues we deal with in this context are:
- Is it possible to treat contractual agents differently from civil servants in terms of remuneration?
- Is it possible to grant an allowance only to agents with a certain seniority?
- Can illness resulting in successive incapacity to work justify a dismissal?
- How to challenge a decision based on a protected criterion (health status, religious belief, political belief, trade union belief, skin colour, age, sexual orientation, disability, language, etc.)?
- Can a policy of neutrality justify a ban on wearing a religious symbol?
- Can a union delegate be treated differently from an agent without a union mandate?
We also assist both administrations and agents in the framework of complaints of moral or sexual harassment or violence in the workplace. In this context, we are regularly confronted with the following questions:
- How should an agent victim of moral or sexual harassment react?
- What protection do requests for formal and informal psychosocial intervention for victims of harassment provide?
- How should an employer react when facing a situation of harassment in the workplace?
- Is it possible to terminate the employment relationship of an agent against whom a harassment complaint has been lodged?