Best Discrimination Lawyers in Arlesheim

About Discrimination Law in Arlesheim, Switzerland

Arlesheim is part of the canton of Basel-Landschaft, so discrimination issues are governed first by Swiss federal law and then by cantonal rules and procedures. Swiss law protects people from discrimination in several areas, including work, access to services, and public life. The Federal Constitution guarantees equality, the Criminal Code punishes public racist and homophobic acts, the Gender Equality Act focuses on sex and gender equality at work, and the Disability Discrimination Act enhances accessibility and equal treatment for people with disabilities. Remedies can be civil, administrative, or criminal, and procedures typically start with a conciliation authority before a court case. Local bodies in Basel-Landschaft offer advice, mediation, and victim support. Proceedings are usually conducted in German, but you can use a lawyer and an interpreter if needed.

Why You May Need a Lawyer

You may need a lawyer if you experience unequal pay, sexual harassment, or a discriminatory recruitment or promotion decision at work. Legal help is also important if you are denied access to a service or facility because of a protected characteristic, for example disability, race, religion, or sexual orientation. A lawyer can assist if you face racist or homophobic hate speech, if you are refused rental housing or service in a way that may violate criminal or civil protections, or if you need to challenge accessibility barriers in public buildings or public transport. Legal advice is useful if your public employer or a public authority treats you unequally, for example in school, licensing, policing, or social benefits. You may also need representation to meet strict deadlines, navigate the conciliation process, protect you from retaliation, and quantify compensation or wage back pay. If you have legal expenses insurance, a lawyer can coordinate coverage and strategy.

Local Laws Overview

Federal Constitution Article 8 provides that all persons are equal before the law and prohibits discrimination on grounds such as origin, race, gender, age, language, social position, way of life, religion, philosophical or political convictions, and disability. This binds authorities and influences courts in private disputes through personality rights.

Swiss Criminal Code Article 261bis prohibits public racist and homophobic acts, including inciting hatred, denying a service to a person or group because of race, ethnic origin, religion, or sexual orientation, and publicly denying or grossly minimizing genocide. It applies to public statements or acts, not private conversations. Suspected offenses are prosecuted by the authorities, so you can file a report with the police or prosecutor.

Gender Equality Act covers discrimination based on sex and gender in employment, including sexual harassment and equal pay. Employees can bring claims for equal pay, hiring and promotion discrimination, and harassment. The burden of proof is eased for claimants who make a credible showing, then the employer must justify its actions. Remedies include orders to stop the discrimination, wage back pay with interest, and compensation up to six months salary. Companies with 100 or more employees must conduct periodic equal pay analyses, but individual remedies still require a claim.

Code of Obligations protects the personality of employees and prohibits abusive dismissal. If you are dismissed because you asserted equality rights or raised harassment claims, you may challenge the dismissal and seek compensation under the Code of Obligations and the Gender Equality Act. You must object to an abusive dismissal in writing before the notice period ends and file your claim within 180 days after the employment ends. Wage claims usually have a five year limitation period.

Disability Discrimination Act seeks to eliminate discrimination against people with disabilities, particularly in public buildings, public transport, and services offered to the general public. Individuals can seek orders to remove barriers and, in certain service cases, a modest monetary compensation. Accessibility obligations depend on whether the provider is public or private, the proportionality of measures, and building law. Cantonal building rules in Basel-Landschaft also contain accessibility standards.

Housing and private services are not covered by a single general anti-discrimination civil statute. Protection is pieced together from the Criminal Code for public racist or homophobic acts, the Disability Discrimination Act for access to public services and buildings, and general personality rights. Public or publicly subsidized housing providers may have stricter equality duties.

Procedures in Basel-Landschaft include mandatory conciliation before most civil claims. Gender Equality Act claims go to a dedicated cantonal conciliation authority. Employment disputes can be brought before the cantonal conciliation authority in employment matters. If no settlement is reached, the case goes to the competent first instance court in Basel-Landschaft, with appeals to the Kantonsgericht Basel-Landschaft and in some cases to the Federal Supreme Court. For employment claims up to CHF 30,000, no court costs are charged at first instance under the Swiss Civil Procedure Code. If you cannot afford a lawyer and your case has merit, you can apply for legal aid, called unentgeltliche Rechtspflege.

Frequently Asked Questions

What counts as discrimination under Swiss law

Discrimination generally means unfavorable treatment because of protected characteristics such as sex and gender, pregnancy, disability, race or ethnic origin, religion, language, age, or sexual orientation. The exact definition depends on the legal basis. At work, the Gender Equality Act prohibits sex and gender discrimination and sexual harassment. The Criminal Code punishes public racist and homophobic acts. The Disability Discrimination Act focuses on accessibility and equal access to services and public infrastructure. Swiss law does not have one general civil statute that covers all private life situations, so the applicable rule depends on the context.

Which protected grounds are recognized

The Constitution lists origin, race, gender, age, language, social position, way of life, religion, philosophical or political convictions, and disability. The Criminal Code covers race, ethnic origin, religion, and sexual orientation in public acts. The Gender Equality Act covers sex and gender, including pregnancy, sexual harassment, and equal pay. The Disability Discrimination Act covers disabilities and accessibility. Some protections, such as equal pay, are specific to employment.

I was harassed at work in Arlesheim, what should I do first

Write down a detailed timeline, save emails and messages, identify witnesses, and seek medical or psychological support if needed. Report the harassment through your employer's internal process or to HR. Ask the employer to take protective measures. If the issue is not resolved quickly, contact the cantonal conciliation authority under the Gender Equality Act or speak with a lawyer. Acting early helps you meet deadlines and increases your options.

Can I claim compensation for discrimination

Yes, depending on the law and facts. Under the Gender Equality Act, courts can award compensation up to six months salary for discrimination or sexual harassment, plus wage differences with interest for equal pay cases. Under the Code of Obligations, abusive dismissal can lead to compensation up to six months salary. Under the Disability Discrimination Act, certain service access cases allow modest compensation and orders to remove barriers. Criminal cases may lead to penalties for the offender and a separate civil claim for damages and moral harm.

Are landlords allowed to refuse to rent to me because of my origin or religion

Switzerland does not have a general civil law ban on private housing discrimination. However, publicly racist or homophobic refusals may violate the Criminal Code, and personality rights can be engaged in some cases. Public or subsidized housing providers may have stronger equality duties. Gather evidence of the refusal and consult a lawyer or a counseling center to assess options.

What deadlines apply to job related discrimination claims

For abusive dismissal, you must object in writing before the notice period ends and file the claim within 180 days after the employment ends. Wage claims, including equal pay back pay, generally have a five year limitation period. Deadlines for bringing a case after a failed conciliation are short, typically three months. Get advice quickly to avoid missing a time limit.

How do I start a case in Basel-Landschaft

Most civil discrimination cases begin at the competent conciliation authority. For Gender Equality Act disputes, use the cantonal conciliation authority for equality matters. For other employment disputes, use the conciliation authority in employment matters. If no settlement is reached, you can bring a claim to the competent first instance court. Criminal complaints can be filed with the local police or the public prosecutor. Administrative discrimination by public bodies is challenged through administrative remedies and appeals.

Do I need evidence beyond my testimony

Your testimony is important, but supporting evidence strengthens your case. Keep a diary of incidents, save emails, messages, and performance documents, collect medical notes, and identify witnesses. In Gender Equality Act cases, once you show a credible likelihood of discrimination, the employer must prove there was no discrimination. Expert reports can help in equal pay cases.

How much will a case cost and can I get legal aid

Costs depend on complexity and length. In employment matters up to CHF 30,000, there are no first instance court costs. You can apply for legal aid if you cannot afford the case and it has sufficient merit, which can cover court fees and sometimes lawyer fees. Legal expenses insurance can also cover advice and litigation. Many counseling centers offer free initial guidance.

Can foreigners, cross border workers, or non German speakers file claims

Yes. Swiss protections apply regardless of nationality or residence status. Proceedings in Basel-Landschaft are in German, but you can use a lawyer and an interpreter. Cross border workers are protected in employment by Swiss law if the place of work is in Switzerland. Criminal complaints can be filed by anyone who is a victim or witness of a crime committed in Switzerland.

Additional Resources

Cantonal equality office Basel-Landschaft, Fachstelle für Gleichstellung, for advice on gender equality, sexual harassment, and equal pay.

Cantonal conciliation authority under the Gender Equality Act in Basel-Landschaft, the entry point for many employment equality disputes.

Employment conciliation authority in Basel-Landschaft, for general labor disputes including abusive dismissal and personality protection.

Federal Office for Gender Equality, for national guidance and materials on equality at work.

Federal Commission against Racism, for information and support on racist incidents and public discrimination.

Network for counseling for victims of racism, Beratungsnetz für Rassismusopfer, which lists regional counseling centers in the Basel area.

Swiss National Human Rights Institution, Schweizerische Menschenrechtsinstitution, for independent human rights information and referral.

Victim support service for Basel-Landschaft and Basel-Stadt, Opferhilfe beider Basel, for confidential support to victims of crimes including hate crimes and sexual offenses.

Inclusion Handicap and local disability advocacy groups in the Basel region, for accessibility advice and support under the Disability Discrimination Act.

Basel-Landschaft Bar Association and local legal clinics, for referrals to lawyers experienced in discrimination and employment law.

Next Steps

Write a detailed timeline of events, collect documents, screenshots, and witness details, and note any financial losses or medical effects. Use your employer's internal complaint process if safe to do so, and request protective measures in writing. Contact a local counseling body or the Basel-Landschaft equality office to discuss your options and the right forum. If your matter concerns employment or gender equality, file with the appropriate conciliation authority without delay to preserve deadlines. For hate speech or racist incidents in public, file a report with the police or the public prosecutor and seek victim support.

Consult a lawyer who handles discrimination cases in Basel-Landschaft. Ask about strategy, evidence, deadlines, potential remedies, costs, and insurance coverage. Consider applying for legal aid if needed. Keep communications and instructions in writing. If settlement is possible at conciliation, ensure the agreement clearly sets out remedies, non retaliation, and payment terms. If no settlement is reached, be ready to file a claim in the competent court within the applicable time limit. Acting early gives you the best chance to protect your rights in Arlesheim and across Basel-Landschaft.