Main principles and definitions

Instruction to discriminate is deemed discrimination and outlawed. Discrimination by association is not explicitly mentioned in relation to most grounds, while it seems to be limited to those family members who have caring responsibilities for the ground of disability. So there is room for improvement.

All grounds mentioned in the Directives are covered, but the scope of protection differs between the grounds.

The notion of “race” was taken out of the text in the federal legislation and “race and ethnic origin” are now both represented by the term “ethnic affiliation” (ethnische Zugehörigkeit). This does not change the scope but is an expression of sensitivity regarding language.

The exemption of genuine occupational requirements is also incorporated and it is made clear that it has to be interpreted in a very narrow way.

The concept of reasonable accommodation for people with disabilities has also found its way into the legislation. Employers are obliged to take the appropriate and necessary measures to enable persons with disabilities to enjoy access to employment or occupation, to promotion and to participate in vocational training as well as in-service training, unless such measures would pose a disproportionate burden on the employer. Such a burden shall not be deemed disproportionate if it can sufficiently be compensated by public aid funds according to federal or provincial regulations.

Multiple discrimination or intersectional discrimination is becoming a more and more important issue as the developing practice shows that it is a very widespread phenomenon. The legislation so far recognises the phenomenon and gives rather general guidelines as how to deal with it. Basically courts are obliged to an “overall assessment” when taking into account multiple grounds based discrimination.