Gender Equality Act (GEA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 2 Principles
This Section applies to employment relationships under the Swiss Code of Obligations as well as to all employment relationships under public law in the Confederation, cantons and communes.
SR 220
Art. 3 Prohibition of discrimination
1 Employees must not be discriminated against on the basis of their sex, whether directly or indirectly, including on the basis of their marital status, their family situation or, in the case of female employees, of pregnancy. 2 This prohibition applies in particular to hiring, allocation of duties, setting of working conditions, pay, basic and continuing education and training, promotion and dismissal. 3 Appropriate measures aimed at achieving true equality are not regarded as discriminatory.
Art. 4 Discrimination through sexual harassment
Any harassing behaviour of a sexual nature or other behaviour related to the person’s sex that adversely affects the dignity of women or men in the workplace is discriminatory. Such behaviour includes in particular threats, the promise of advantages, the use of coercion and the exertion of pressure in order to obtain favours of a sexual nature.
Art. 5 Employees’ rights
1 Anyone who is the victim of discrimination within the meaning of Articles 3 and 4 may apply to the court or to the administrative authority for an order: a. prohibiting or stopping threatened discrimination; b. requiring existing discrimination to cease; c. confirming that discrimination is taking place if it is continuing to have a disruptive effect; d. for the payment of any salary due. 2 If the discrimination relates to the refusal of employment or to dismissal under the Code of Obligations, the person concerned is entitled only to a compensatory payment. This payment must be fixed by taking all the circumstances into account and is calculated on the basis of the probable or actual salary. 3 In the case of discrimination through sexual harassment, the court or the administrative authority may also award the person concerned compensation, unless the employer proves that it took measures that have been proven in practice to be necessary and adequate to prevent sexual harassment and
Art. 6 Reduced burden of proof
In relation to the allocation of duties, setting of working conditions, pay, basic and continuing education and training, promotion and dismissal, discrimination is presumed if the person concerned can substantiate the same by prima facie evidence.
Art. 7 Actions and appeals by organisations
1 Organisations that have been in existence for at least two years and that have as their object in terms of their articles of incorporation the promotion of gender equality or safeguarding the interests of employees may in their own names have a finding of discrimination declared if the probable outcome of proceedings will have an effect on a considerable number of jobs. They must allow the employer concerned the opportunity to state his position before they institute conciliation proceedings or bring an action. 2 The provisions on actions and appeals by individuals also apply by analogy.