Best Discrimination Lawyers in Muttenz

About Discrimination Law in Muttenz, Switzerland

Muttenz is in the canton of Basel-Landschaft, so residents and businesses are primarily subject to Swiss federal law, with additional cantonal rules on procedure and public sector employment. Swiss discrimination law is a patchwork of protections rather than one single comprehensive act. Strong, targeted rules exist for sex equality in work, for racial discrimination in criminal law, and for accessibility for people with disabilities, while other areas rely on general rules on personality protection, abusive termination, and equal treatment by public authorities.

In everyday life, discrimination issues in Muttenz most often arise in the workplace, in access to goods and services open to the public, in housing, in education, and in interactions with public bodies. Typical protected characteristics include sex including pregnancy and parenthood, race and ethnic origin, religion, disability, and sexual orientation. Age is not expressly protected by a general civil anti discrimination statute, but certain forms of age based treatment can still be unlawful in context.

Swiss law provides several ways to act if you have suffered discrimination. Depending on the situation, you might seek a civil remedy such as compensation or equal pay, involve the conciliation authority for employment disputes, file a criminal complaint in cases of racial discrimination or hate speech, or ask an administrative body to review the actions of a public authority. Because procedures and deadlines are specific, early legal guidance is often crucial.

Why You May Need a Lawyer

- You believe you were refused a job, training, promotion, or equal pay because of your sex or pregnancy.

- You are experiencing sexual harassment at work and want it to stop and to be compensated for harm suffered.

- Your employer dismissed you or treated you adversely after you reported discrimination or asserted your rights.

- You need advice on reasonable adjustments for a disability at work or when accessing public services or buildings.

- You were denied access to a restaurant, club, or other public facing service because of race, religion, or sexual orientation.

- You face hostile conduct or hate speech that might violate criminal law on racial discrimination.

- You work in the public sector and seek review of a staffing or disciplinary decision you consider discriminatory.

- You want to assess evidence, preserve deadlines, and choose the right forum conciliation, civil court, administrative appeal, or criminal complaint.

- You are an employer in Muttenz who needs to prevent risks, investigate complaints properly, or defend a claim.

Local Laws Overview

- Federal Constitution of Switzerland, Article 8 equality. Guarantees equality before the law and prohibits discrimination on grounds such as origin, race, sex, age, language, social position, lifestyle, religious, ideological, or political convictions, and mental or physical disability. Public authorities in Muttenz must respect this when acting.

- Gender Equality Act GEA. Prohibits discrimination based on sex including pregnancy and family situation in all phases of employment hiring, working conditions, pay, promotion, termination. It also prohibits sexual harassment at work and obliges employers to prevent and stop it. Employees benefit from an eased burden of proof they only have to make discrimination plausible, then the employer must justify its actions. Compensation is available for certain violations, and equal pay can be claimed.

- Swiss Code of Obligations CO. Protects the personality of employees Article 328 CO and prohibits abusive dismissal Article 336 CO, for example termination due to characteristics belonging to the employee’s personality or for asserting constitutional rights. Termination is prohibited during pregnancy and for 16 weeks after childbirth Article 336c CO. Strict deadlines apply to contest abusive termination the employee must object to the dismissal before the end of the notice period and must file a claim within 180 days after the end of employment.

- Swiss Criminal Code, Article 261bis racial discrimination. Criminally prohibits public incitement to hatred, public dissemination of racist ideology, discrimination or denial of a service offered to the public because of race, ethnic origin, or religion, and denial or trivialization of genocide. Protection also extends to sexual orientation in this criminal provision. Victims can file a criminal complaint with the cantonal police or public prosecutor in Basel-Landschaft.

- Disability Discrimination Act BehiG. Aims to prevent and eliminate discrimination against persons with disabilities, notably in public buildings, public transport, and services provided by public authorities and entities offering services to the public. It enables civil actions to remove or prevent discrimination in these areas. In private employment, there is no general nationwide duty to accommodate, but other rules on good faith and personality rights may still require reasonable measures depending on the case.

- Civil Procedure Code ZPO and Basel-Landschaft procedure. Employment disputes usually begin with a mandatory conciliation before the cantonal conciliation authority for employment matters. For employment claims up to CHF 30,000, no court fees are charged. Proceedings in Basel-Landschaft are conducted in German. Representation by a lawyer is not mandatory but is often advisable.

- Public sector in Basel-Landschaft. Public employees are subject to cantonal staff laws that include duties of equal treatment and protection against harassment. Internal complaint and review procedures may apply before going to court.

- Equal pay audits. Companies in Switzerland with 100 or more employees must periodically conduct an equal pay analysis under the revised GEA and have it reviewed. This can support equal pay claims by employees.

- Housing and private services. Switzerland does not have a single, broad civil law that bans all private discrimination in housing and consumer contracts. However, openly refusing service to the public on racist grounds can be criminal. Contract and personality rights rules may still help depending on the facts, and public landlords and subsidized housing providers must respect equality duties.

Frequently Asked Questions

What counts as discrimination under Swiss law

It depends on context. In employment, the GEA bans discrimination based on sex including pregnancy and sexual harassment throughout the employment relationship. The CO prohibits abusive dismissal and protects personality rights. Public authorities must treat people equally under the Constitution. Public incitement to hatred and publicly refusing a service because of race, religion, or sexual orientation can be a criminal offense. Other characteristics such as age or nationality have more limited protection in private relationships, but unequal treatment can still be unlawful in some situations.

I think I am paid less than a colleague for the same work. What can I do

Equal pay for work of equal value is guaranteed for women and men under the GEA. Start by gathering job descriptions, pay slips, and any company pay policies. A lawyer can help assess whether roles are comparable and whether the evidence makes discrimination plausible so the employer must justify the pay difference. If talks fail, you can file for conciliation and then court to claim pay differences and possibly compensation.

What should I do if I experience sexual harassment at work

Record what happened dates, times, witnesses, messages. Report it internally according to your employer’s policy or to HR or a trusted manager. Employers must prevent and stop harassment and protect victims from retaliation. If the response is inadequate, you can bring a claim under the GEA for measures to stop the harassment and for compensation. You might also have claims under personality rights and, in severe cases, criminal law could apply. Seek legal advice early.

Can I be dismissed because I am pregnant or after I return from maternity leave

No. Swiss law prohibits termination during pregnancy and for 16 weeks after childbirth. If you receive notice during this protected period, it is invalid. Outside the protected period, dismissals linked to pregnancy or motherhood can still be abusive or discriminatory. Keep all documents and seek advice quickly, since strict deadlines apply to contest dismissals.

Is age discrimination illegal in Switzerland

There is no single civil statute that bans all age based discrimination in private employment. However, dismissals based purely on age can be abusive in certain circumstances, especially if they breach good faith, ignore employer duties to consider redeployment, or conflict with internal policies. In the public sector, equality principles are stronger. Get case specific advice, as outcomes vary with the facts.

What evidence do I need to prove discrimination

For GEA claims, you only need to make discrimination plausible with indicators such as timing, statistics, comparators, or inconsistent justifications. The burden then shifts to the employer. Keep job postings, emails, performance reviews, pay slips, notes of meetings, and witness details. Do not make secret recordings without legal advice, as surreptitious recording can breach criminal and data protection laws.

How fast do I need to act

Act promptly. Some claims have short deadlines measured in weeks or a few months. For abusive dismissal, you must object before the end of the notice period and file your claim within 180 days after the employment ends. Conciliation is often required before you can go to court. A lawyer can help you stop limitation periods from expiring and choose the right path.

Where do I file my case in Muttenz

Employment matters usually start at the Basel-Landschaft conciliation authority for employment disputes. Criminal complaints for racial discrimination or hate speech are filed with the cantonal police or the public prosecutor. Claims under the Disability Discrimination Act can be brought as civil actions, often seeking removal of barriers. Public sector employment decisions may require an administrative appeal. A local lawyer can direct you to the correct forum.

How much will it cost to bring a claim

In employment cases up to CHF 30,000 there are generally no court fees. Lawyer fees depend on complexity, and legal expenses insurance may cover some costs. Unions sometimes provide representation to members. In criminal cases, victims may receive support from victim assistance services. Always ask for a cost estimate and clarify who pays if you settle.

Can my employer retaliate if I complain

Retaliation for asserting rights can itself be unlawful. Under the GEA, employees are protected when they in good faith raise discrimination or harassment. If you face adverse treatment after a complaint, document it and seek immediate advice. Remedies can include compensation and corrective measures.

Additional Resources

- Fachstelle für Gleichstellung von Frau und Mann Basel-Landschaft. Cantonal office that promotes gender equality and offers information and referrals.

- Schlichtungsbehörde für Arbeitsstreitigkeiten Basel-Landschaft. Conciliation authority for employment disputes in the canton.

- Kantonspolizei Basel-Landschaft and Staatsanwaltschaft Basel-Landschaft. For criminal complaints relating to racial discrimination and hate speech.

- Opferhilfe beider Basel. Victim support service for those affected by crimes, including counseling and help with legal steps.

- Eidgenössisches Büro für die Gleichstellung von Frau und Mann EBG. Federal office for gender equality with guidance on equal pay and sexual harassment.

- Eidgenössisches Büro für die Gleichstellung von Menschen mit Behinderungen EBGB. Federal office for equality of persons with disabilities with information on accessibility and rights.

- Eidgenössische Kommission gegen Rassismus EKR. Federal commission offering reports, recommendations, and contact points concerning racism.

- Gewerkschaften such as Unia, Syna, and VPOD. Unions that advise members on workplace discrimination and represent them in proceedings.

- Mieterverband Baselland. Tenants association that can advise on housing issues touched by discriminatory treatment in rental relationships.

- LGBTIQ organizations such as Pink Cross and LOS. Associations that provide information and support on discrimination related to sexual orientation or gender identity.

Next Steps

- Write down what happened. Dates, times, who was present, what was said or done, and how it affected you. Save emails, messages, pay slips, policies, and evaluations.

- Seek a confidential legal assessment. A lawyer familiar with Swiss discrimination law and Basel-Landschaft practice can tell you what claims are realistic and what deadlines apply.

- Use internal channels where appropriate. Follow your employer’s complaint policy, request an investigation, and ask for protective measures. Keep a record of all steps.

- Choose the right forum. Many cases start with the Basel-Landschaft employment conciliation authority. Criminal conduct should be reported to the police. Public sector cases may need administrative appeal. Accessibility issues can be pursued under the Disability Discrimination Act.

- Mind the deadlines. Some rights are lost quickly if you wait. If you were dismissed, object in writing without delay and ask a lawyer about the 180 day filing deadline.

- Consider settlement. Conciliation can lead to solutions such as equal pay adjustments, references, training, or compensation, often faster and with less risk.

- Protect your wellbeing. Seek support from trusted people or professional counselors, especially in harassment cases. Victim support services in the Basel region can help.

- If you are an employer, act now. Put robust policies and training in place, investigate complaints promptly, protect complainants from retaliation, and seek legal advice before taking disciplinary or termination steps.

This guide provides general information for Muttenz and the canton of Basel-Landschaft. Because each case is fact sensitive and deadlines are strict, get tailored advice from a qualified Swiss lawyer as early as possible.