Current Version
| Region | Switzerland |
| Issue | LGBT employment discrimination |
| Status | No protections |
| Start Date | (unknown) |
| End Date | (none) |
| Description | Laws in force in Switzerland do not offer protection against discrimination based on sexual orientation and gender identity in employment. |
| Sources | https://www.asherfergusson.com/lgbtq-travel-safety/ https://database.ilga.org/switzerland-lgbti |
Reports (2)
- Sources are invalid or broken "In the law, more specifically the code of obligations in the art. 328 it says “chapter VII. Protection of the employee’s personality rights
1. In general
Art. 328
1 Within the employment relationship, the employer must acknowledge and safeguard the employee’s personality rights, have due regard for his health and ensure that proper moral standards are maintained. In particular, he must ensure that employees are not sexually harassed and that any victim of sexual harassment suffers no further adverse consequences.
2 In order to safeguard the personal safety, health and integrity of his employees he must take all measures that are shown by experience to be necessary, that are feasible using the latest technology and that are appropriate to the particular circumstances of the workplace or the household, provided such measures may reasonably be expected of him in the light of each specific employment relationship and the nature of the work.”
The meaning of personality rights here is wide and can be interpreted as a protection of sexual orientation, gender, religion, philosophy and so on. So yes homophobia and transphobia are prohibited in the work place. , there isn’t a specific article in the law for that kind of discrimination but we have an article who can cover several discriminations, the law must be adaptable so it’s better to have a possibility of interpretation.
Moreover, the article just mentioned before is private law, it’s different when working in the administration (so public law is applied here), there are sometimes more laws protecting employees, but in Switzerland public laws differ from canton to canton (each canton has its own public law for their employees working in the public) "
- Status is not correct "The Swiss Constitution (Art. 8) guarantees equal treatment before the law, specifying "way of life" as one of the many stated criteria protected against unfair discrimination.
This includes sexual orientation and being transgender."
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Revision History (5)
| Old Value | New Value (Current) | |
|---|---|---|
| Value | Sexual orientation and gender identity | No protections |
| Description | Under Swiss federal law, it is illegal for employers to discriminate against employees on the basis of their sexual orientation or gender identity. This means that employers cannot refuse to hire, fire, or promote someone based on their sexual orientation or gender identity. Employers also cannot create a hostile work environment that discriminates against employees based on their sexual orientation or gender identity. | Laws in force in Switzerland do not offer protection against discrimination based on sexual orientation and gender identity in employment. |
Show Difference | ||
| Sources | https://www.asherfergusson.com/lgbtq-travel-safety/ | https://www.asherfergusson.com/lgbtq-travel-safety/ https://database.ilga.org/switzerland-lgbti |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Value | No protections | Sexual orientation and gender identity |
| Description | Laws in force in Switzerland do not offer protection against discrimination based on sexual orientation and “gender identity in employment. | Under Swiss federal law, it is illegal for employers to discriminate against employees on the basis of their sexual orientation or gender identity. This means that employers cannot refuse to hire, fire, or promote someone based on their sexual orientation or gender identity. Employers also cannot create a hostile work environment that discriminates against employees based on their sexual orientation or gender identity. |
Show Difference | ||
| Sources | ILGA Data: https://database.ilga.org/switzerland-lgbti Article 8 of the Federal Constitution http://www.admin.ch/opc/en/classified-compilation/19995395/index.html | https://www.asherfergusson.com/lgbtq-travel-safety/ |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | No protections |
| Start Date | Apr 18, 1999 | (unknown) |
| Description | Article 8 of the Constitution | Laws in force in Switzerland do not offer protection against discrimination based on sexual orientation and “gender identity in employment. |
Show Difference | ||
| Sources | Article 8 of the Federal Constitution http://www.admin.ch/opc/en/classified-compilation/19995395/index.html | ILGA Data: https://database.ilga.org/switzerland-lgbti Article 8 of the Federal Constitution http://www.admin.ch/opc/en/classified-compilation/19995395/index.html |
Show Difference | ||
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Sexual orientation only | Sexual orientation and gender identity |
Reports (1)
- Status is not correct "Article 8 of the Swiss constitution don't talk about sexual orientation or gender identity, it talks about protection from discrimination based on "way of life". "