Why victims of discrimination at work defend themselves more

An employee in arrears -

• The figure is impressive: 23% of working people in France say they have been victims of discrimination (s) or discriminatory harassment at work, according to the barometer of discrimination in employment * of the Defender of Rights and the International Labor Organization made public this Tuesday.

• But the victims warn more about their situation and try to have their rights recognized.

They are less tolerant of the intolerable.

According to the barometer of discrimination in employment * of the Defender of Rights and the International Labor Organization released on Tuesday, 23% of working people in France say they have been victims of discrimination (s) or discriminatory harassment at work.

Discrimination that most often relates to physical appearance (40% of cases mentioned), sex (40%) and state of health (30%).

But the perception of having been a victim of this type of behavior has declined since 2013 (-7 points).

This discrimination is most often expressed in day-to-day work (74%), in career development (56%) and in salary levels (46%).

However, there is good news: between 2012 and 2020, the proportion of victims who initiated proceedings rose from 61% to 80%.

More than three quarters of them warn of their situation and try to have their rights respected.

An evolution which is first of all due to a collective awareness, according to Jean-François Amadieu, sociologist and specialist on the subject: “The French have a better knowledge of what discrimination is, because they have heard a lot about it in the media and within their own company for ten years ”.

George Pau-Langevin, assistant to the Defender of Rights, agrees: “Previously, some victims tended to internalize this discrimination.

Now, they have realized that it is the people who discriminate against them who are guilty and that a reaction is possible in the face of these injustices ”.

Employee representatives more in demand

Before going to clash, victims first tend to attempt a dialogue with the management of their company or their administration (53% of cases).

“This is all the more explained by the fact that many large groups have been equipped with a diversity center over the past ten years.

In addition, many employers have adopted an anti-discrimination charter or label.

They also trained their HR teams on the subject.

Commitments that further encourage their employees to demand accountability if they feel they have been treated badly, ”underlines Jean-François Amadieu.

Another more frequent approach: having recourse to staff representatives or union representatives (38%).

"Because even if the French consider that the latter are weakened and have little leeway to negotiate with employers, they generally trust them to support them individually in the event of a problem", analyzes Jean-François Amadieu.

"The unions have acquired a form of credibility in the eyes of employees, because they have proven their effectiveness in this area," adds George-Pau Langevin.

Fewer are the victims who have the reflex to contact the labor inspectorate (28%) or a lawyer (18%).

“We are not in the United States, where a lot of litigation takes the legal route.

Here, the victims hesitate to take legal steps, because they are afraid that they will cost a lot or that they will be useless ”, indicates Jean-François Amadieu.

Still a long way to go

But at the same time, 23.5% of victims of discrimination say they have done nothing to defend themselves.

For fear of reprisals from the perpetrators (68%) or because they think it would not have changed anything (56%).

“People who are discriminated against because of their physical appearance, for example, are less likely to make complaints.

In particular obese people, who do not dare to speak about it because according to them, there would be an increased tolerance of the company vis-à-vis the criticisms which they undergo ”, estimates Jean-François Amadieu.

To further free up the floor and above all to ensure that discrimination in employment diminishes over time, the Defender of Rights advocates the establishment of an obligation for companies to be accountable on this subject: "We must the public authorities require a strong commitment from companies, via a plan to fight against discrimination which would contain a diagnosis on the subject, the planned training actions for staff and employees ... And therefore the results would be evaluated regularly to measure the progress made by the company or the administration ”, recommends George-Pau Langevin.

*

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