Best Job Discrimination Lawyers in Arlesheim

About Job Discrimination Law in Arlesheim, Switzerland

Job discrimination occurs when a person is treated less favorably at work based on a protected characteristic or for exercising a protected right. In Switzerland, most employment and anti discrimination rules are set at the federal level, and they apply in Arlesheim and across the canton of Basel-Landschaft. While Swiss law does not provide a single comprehensive anti discrimination statute for all private workplaces, there are strong protections in specific areas like sex and gender equality, sexual harassment, equal pay for equal work, protection of personality, abusive dismissal, data protection, and constitutional equality for public sector employees.

Discrimination can arise during recruitment, apprenticeship, probation, day to day working conditions, promotions, pay, performance management, termination, or references. Harassment and mobbing that target a protected trait are also forms of discrimination. Remedies may include compensation, correction of references, cessation of unlawful conduct, and in the public sector sometimes reinstatement. Many disputes must start with a conciliation process in Basel-Landschaft before going to court.

Why You May Need a Lawyer

A lawyer can help you assess whether what you experienced meets the legal definition of discrimination under Swiss law, which can be nuanced. Legal counsel can explain which law applies, for example the Gender Equality Act for sex based issues or the Code of Obligations for abusive dismissal and protection of personality. A lawyer can identify the right forum and deadlines, draft the necessary written objections and filings, represent you in the mandatory conciliation authority in Basel-Landschaft, negotiate a settlement, and calculate realistic compensation. If you work for a public employer, counsel can navigate public personnel rules and constitutional equality. If you are a cross border worker commuting to Arlesheim, a lawyer can advise on jurisdiction and applicable law. Counsel can also advise on evidence preservation, witness strategy, medical and occupational health impacts, and how to minimize retaliation risk while asserting your rights.

Local Laws Overview

Swiss Code of Obligations CO. Employers must protect the personality, health, and dignity of employees and safeguard them against harassment and discrimination under Art. 328 CO. Art. 328b CO protects employee data. Dismissal for discriminatory or improper reasons can be abusive under Art. 336 CO, with compensation up to six months salary under Art. 336a CO. To preserve an abusive dismissal claim, you must object in writing before the notice period ends and file in court within 180 days after the employment ends under Art. 336b CO.

Gender Equality Act GEA LEg GlG. Prohibits direct and indirect discrimination based on sex in all phases of employment, including pregnancy and family status, and prohibits sexual harassment. Employers must take preventive measures against sexual harassment. If an employee makes discrimination plausible, the burden of proof shifts to the employer to show there was no discrimination. Remedies include orders to cease discrimination, equal pay adjustments with up to five years retroactive pay, and compensation. Compensation is typically up to six months salary for discriminatory dismissal and up to three months salary for discriminatory non hiring. A conciliation procedure is generally required at the outset and proceedings are usually free of court costs.

Equal pay for equal work. The Swiss Constitution and the GEA guarantee equal pay for work of equal value between women and men. Larger employers must periodically review pay equity and have results audited. Individuals can bring claims for pay differences, typically recoverable for up to five years retroactively.

Disability. The Federal Act on the Elimination of Discrimination against People with Disabilities focuses mainly on public bodies and services. In private employment, protection stems primarily from the duty to protect personality, the prohibition of abusive dismissal, and public sector equality. Employers should consider reasonable adjustments where feasible. Public employers are bound by constitutional equality and non discrimination rules.

Criminal Code. Art. 261bis StGB prohibits racist acts in public. While it does not directly regulate employment decisions, it can be relevant in cases of hate speech or racist harassment in the workplace.

Labour Act ArG. Provides health and safety protections, working time rules, and special protections for pregnant and nursing employees. Separately, Art. 336c CO provides dismissal protection during pregnancy and for a period after birth, and during certain periods of illness depending on tenure.

Procedures and costs. In Basel-Landschaft, most employment disputes start at the cantonal conciliation authority before any court action. Labour disputes up to 30,000 Swiss francs generally follow simplified procedures and are free of court costs. Cases under the Gender Equality Act are usually free of court costs at first instance. Legal fees for lawyers are separate unless legal aid is granted. The working language in Arlesheim and Basel-Landschaft is German, though you can be represented by counsel and interpreters can be arranged.

Public sector employees. Employees of the canton, municipalities, and public entities benefit from constitutional equality and may have additional procedural rules. Reinstatement is more realistic in the public sector than in private employment.

Frequently Asked Questions

What counts as job discrimination in Switzerland

Discrimination includes less favorable treatment because of sex including pregnancy, gender, and family status, sexual harassment, and pay inequality between women and men. It also includes adverse treatment that violates personality rights or is abusive, such as dismissal for union activity, for asserting legal rights, or for reasons that are discriminatory. Public employers are constitutionally barred from discriminating based on characteristics like origin, race, religion, political belief, or disability. Harassment targeting a protected trait can also be discriminatory.

Am I protected during hiring and probation

Yes. The Gender Equality Act applies at recruitment including job ads, interviews, selection, and offers. Discriminatory non hiring based on sex can lead to compensation up to three months salary, even though there is no right to be hired. During probation, the employer can terminate on short notice, but not for prohibited discriminatory reasons and not in violation of protected periods like pregnancy under Art. 336c CO.

What should I do if I suspect discrimination

Write down what happened with dates, places, and names. Save emails, messages, performance records, job ads, and copies of your personnel file which you can request under Art. 328b CO and data protection rules. If safe, raise the issue internally with HR or your manager and use any internal anti harassment or grievance procedure. Seek medical advice if health is affected. Consult a lawyer quickly to identify the correct legal basis and deadlines. For sex discrimination or sexual harassment, consider filing a request with the Basel-Landschaft conciliation authority under the Gender Equality Act.

What deadlines apply

For abusive dismissal, you must object in writing before the notice period ends and file your claim within 180 days after employment ends. For discriminatory non hiring under the Gender Equality Act, you must bring the case to conciliation within three months of learning you were not selected. Wage and equal pay claims are typically subject to a five year limitation. Internal company deadlines may be shorter for grievances, so act promptly.

How much compensation can I get

For abusive dismissal under the Code of Obligations, compensation can be up to six months salary. Under the Gender Equality Act, compensation is typically up to six months salary for discriminatory dismissal and up to three months salary for discriminatory non hiring. Equal pay claims can include retroactive pay differences for up to five years. Courts consider the severity, duration, and impact of the discrimination, as well as the employer response.

Can I get my job back

In private employment, reinstatement is rare and compensation is the usual remedy. In the public sector, courts may order reinstatement in certain cases, especially where constitutional equality is violated and the role is still available. Negotiated settlements sometimes include reinstatement or transfers.

How do I prove discrimination without direct evidence

Under the Gender Equality Act, you only need to make discrimination plausible, for example by showing suspicious timing, inconsistent reasons, statistics, or unequal treatment of comparable colleagues, which shifts the burden to the employer to prove there was no discrimination. In other cases, you can use documents, witness statements, emails, performance appraisals, and contemporaneous notes. Maintain a written timeline and keep copies of relevant evidence.

What if I work for the canton or a municipality in Arlesheim

Public employers are bound by constitutional equality and specific public personnel rules. You may have internal administrative remedies and tighter time limits. Reinstatement is more feasible in the public sector. A lawyer familiar with Basel-Landschaft public employment procedures can help you choose the right path and meet deadlines.

Do I have to file an internal complaint before going to authorities

There is no universal requirement, but it is often advisable to use internal procedures first, especially for harassment, because employers are obliged to take preventive and corrective measures. However, internal complaints do not stop legal deadlines. You can pursue internal and external steps in parallel, including contacting the conciliation authority.

What will it cost and are proceedings free

In Basel-Landschaft, the conciliation procedure is generally free of court costs. Labour court cases up to 30,000 Swiss francs are typically free of court fees. Cases under the Gender Equality Act are usually free of court costs at first instance. You may still need to pay your lawyer unless you qualify for legal aid or have legal expenses insurance. Ask your lawyer for a fee estimate and whether a settlement could include a contribution to your costs.

Additional Resources

Basel-Landschaft conciliation authority for employment disputes. This is the first stop for most employment cases, including many discrimination matters. It facilitates settlements and can issue authorizations to proceed to court if needed. Contact the cantonal court administration to locate the correct conciliation office for your residence or workplace in Arlesheim.

Schlichtungsstelle nach Gleichstellungsgesetz Basel-Landschaft. The specialized conciliation body for cases under the Gender Equality Act can guide the process and aims to resolve disputes quickly and at low cost.

Fachstelle für Gleichstellung von Frau und Mann Basel-Landschaft. The cantonal gender equality office provides information, awareness materials, and can direct you to support services.

Federal Office for Gender Equality. Provides guidance on equal pay, sexual harassment prevention, and the Gender Equality Act, including tools for pay analysis.

State Secretariat for Economic Affairs SECO, Labour Directorate. Publishes information on Swiss labour law, working time, and employer obligations.

Trade unions in the Basel region such as Unia and the Swiss Trade Union Federation. They can advise members, assist with negotiations, and sometimes provide legal representation.

Disability support organizations such as Inclusion Handicap and Pro Infirmis. They offer advice on workplace inclusion and accommodations.

LGBT advisory and helpline services in Switzerland. These services provide confidential support and can refer you to legal help for discrimination related to sexual orientation or gender identity.

Legal advice services in Basel-Landschaft and the cantonal bar association. These can provide initial legal consultations, referrals to employment law specialists, and information about legal aid.

Next Steps

Start by documenting everything. Write a detailed timeline, keep emails and messages, save performance documents, and request a copy of your personnel file. If safe, raise the issue internally using any anti harassment or grievance channel and ask the employer to take specific measures. Do not miss external deadlines. If you were terminated, object to abusive dismissal in writing before the notice period ends. If you were not hired and suspect sex discrimination, contact the conciliation authority within three months of learning the decision. Seek legal advice early. A local employment lawyer familiar with Basel-Landschaft procedures can assess your case, draft letters, and represent you in conciliation. Consider settlement options that may include compensation, a corrected reference, training measures, or a neutral announcement of separation. If conciliation does not resolve the dispute, file your claim in the competent court within the time limit stated on the authorization to proceed. If you have legal expenses insurance or a union membership, notify them immediately. If your health has been affected, speak with your doctor and ask about medical documentation and support. Throughout the process, keep communication professional and avoid actions that could be construed as breach of duty, while firmly asserting your rights.

This guide provides general information and does not replace tailored legal advice. For specific guidance in Arlesheim, consult a qualified employment lawyer.