Diversity: a study in labour law.

Authors
Publication date
2018
Publication type
Thesis
Summary Labor law intervenes to govern the relationship between employers and employees within the micro-society that is the company. Logically, the workforce should reflect French diversity. However, in terms of recruitment, promotion and remuneration, we are not all treated equally, despite the universalist principle of equality promoted by the Declaration of 1789. Some "minorities" (of which women are, strangely enough, part), find themselves excluded from employment or promotion, or are paid less than their colleagues. The situation of these discriminated groups does not seem to find a permanent solution through equal rights or the principle of non-discrimination alone. In some cases, treating people in different situations in the same way can lead to de facto inequalities. A more dynamic approach to equality therefore seems necessary in order to promote diversity within companies. Identifying and measuring the different "minorities" will be a prerequisite to defining diversity more precisely. The whole point of approaching diversity in its entirety is to be able to question catch-up policies as a whole and not only through the prism of gender or origin. Which minorities or discriminated groups can and should benefit from specific measures and on what grounds? Not all differences require different treatment. The principle of equality must not be diluted by specific measures or divided by special treatment.
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