Un 21e critère prohibé de discrimination a fait son entrée dans le Code du travail et le Code pénal, à savoir « la particulière vulnérabilité résultant de la situation économique » d’une personne, qu’elle soit apparente ou connue.
Ainsi, un employeur ne peut refuser d’embaucher un candidat ni notamment sanctionner ou licencier un salarié en raison de sa précarité sociale, comme il ne peut le faire en prenant en compte leur orientation sexuelle, leur handicap, leur âge ou encore leur lieu de résidence.
À savoir : la discrimination fondée sur la vulnérabilité économique est passible de 45 000 € d’amende et de 3 ans d’emprisonnement.
La discrimination positive n’est, en revanche, pas prohibée. Les employeurs peuvent donc adopter des mesures en faveur des personnes économiquement vulnérables afin de favoriser l’égalité de traitement.
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