In private law, the legal regime relating to discrimination is to be found in statutes and codified law i.e. the Labour Code (LC), the Penal Code (PC) and the Civil Code (CC). Administrative law, on the other hand, is mostly jurisprudential and based on the implementation of a formal theory of equality.

The law covers all grounds prohibited by Article 13 EC and a number of other grounds: origin, national origin- in some legislation- appearance of origin, race, sex, pregnancy, family situation, physical appearance, last name, health, disability, genetic characteristics, mores, sexual orientation, age, union activities, and religion, political and religious convictions (which are interpreted broadly to encompass all philosophical or mystical endeavours). After the transposition of 2001, there was a uniform transversal legal regime covering all grounds and areas of discrimination.

The HALDE has been operational since June 2005. It has the competence over all forms of discrimination, direct and indirect, prohibited by the laws of France. It is therefore readily adaptable to any future legal developments. The High Authority has competence to investigate individual and collective complaints, whether the investigation is initiated of its own accord or following a written request from the claimant, NGOs, trade unions or Members of Parliament.