Best Job Discrimination Lawyers in Tétouan

About Job Discrimination Law in Tétouan, Morocco

Job discrimination occurs when a worker or job seeker is treated less favorably because of a protected characteristic or protected activity. In Tétouan and throughout Morocco, the law prohibits unequal treatment in recruitment, training, pay, working conditions, promotion, discipline, and termination based on factors such as sex, pregnancy and maternity, disability, race or color, religion, national or social origin, marital status, trade union membership or activity, and political opinions. Harassment, including sexual harassment, is also prohibited and can be both a labor law violation and a criminal offense.

Discrimination can be direct, such as refusing to hire someone because she is pregnant, or indirect, such as applying a neutral rule that disproportionately harms a protected group without a legitimate business reason. Retaliation for reporting discrimination, assisting a colleague, or contacting the labor inspectorate is unlawful.

Workers in Tétouan can seek help from the Labor Inspectorate for conciliation and from the social section of the local court for remedies such as compensation, back pay, and sometimes reinstatement. In serious cases like sexual harassment, the Public Prosecutor may also be involved under the Penal Code.

Why You May Need a Lawyer

You may need a lawyer if you were rejected for a job, denied promotion, or paid less than colleagues for similar work because of a protected characteristic. A lawyer can help assess whether the facts indicate discrimination and can secure evidence before it disappears.

Legal help is important if you face workplace harassment or sexual harassment. Counsel can advise on immediate safety steps, internal complaints, protective measures, and whether to pursue civil, labor, or criminal routes.

Employees who are dismissed or pressured to resign after reporting discrimination or joining a union often need urgent advice. A lawyer can evaluate deadlines, seek interim measures, and represent you in conciliation and court.

If you have a disability and were denied reasonable accommodations, a lawyer can help request adjustments, document medical support, and challenge adverse decisions.

Employers also engage lawyers to audit policies, handle internal investigations, train managers, and resolve disputes lawfully to reduce risk.

Local Laws Overview

Constitutional principles. The 2011 Constitution guarantees equality before the law and prohibits discrimination. These principles inform how labor and criminal laws are interpreted and applied in Tétouan courts.

Labor Code. Morocco’s Labor Code, enacted by Law 65-99 and promulgated by Dahir 1-03-194, prohibits discrimination in access to employment, training, work assignment, pay, social benefits, discipline, and termination on grounds that include sex, pregnancy, marital status, disability, race or color, religion, national or social origin, trade union membership or activity, and political opinions. The Code requires equal pay for equal work between men and women and recognizes harassment and sexual harassment as serious misconduct that can justify disciplinary action or dismissal of the perpetrator.

Sexual harassment and violence. The Penal Code criminalizes sexual harassment. Law 103-13 on combating violence against women strengthens protections and criminal penalties, including for harassment in public and electronic spaces. Workplace sexual harassment can trigger both labor measures and criminal complaints.

Pregnancy and maternity. The law protects pregnant workers against dismissal related to pregnancy and provides maternity leave with benefits paid through the Caisse Nationale de Sécurité Sociale. Job postings or decisions that exclude women because of pregnancy are unlawful.

Disability rights. Moroccan law recognizes the rights of persons with disabilities. Employers must avoid discriminatory practices and consider reasonable accommodations that do not impose disproportionate burden. Public sector hiring includes disability related quotas, and private sector employers are encouraged to adopt inclusive practices.

Trade union protections. Workers have the right to join and participate in trade unions. Adverse actions for union affiliation or activity are prohibited, and retaliation can lead to sanctions.

Procedures and forums. The Labor Inspectorate in Tétouan can receive complaints and organize conciliation. Many disputes first attempt conciliation before moving to the social section of the Tribunal de Première Instance in Tétouan. Judges can award compensation, unpaid wages, and sometimes reinstatement. In criminal matters, the Public Prosecutor handles investigations and prosecutions.

Evidence. Useful evidence includes emails, messages, performance records, pay slips, witness statements, job ads, policy documents, and medical or psychological reports in harassment cases. Keep originals safe and provide copies to your lawyer.

Deadlines and language. Deadlines can be short for contesting dismissals or sanctions, and other claims may prescribe after a limited period. Court proceedings are typically in Arabic, and French is widely used in employment documents. If you are unsure about timing or language, seek advice promptly.

Frequently Asked Questions

What counts as job discrimination under Moroccan law

It is discrimination to treat someone less favorably in hiring, pay, training, promotion, discipline, or termination because of sex, pregnancy, marital status, disability, race or color, religion, national or social origin, union membership or activity, or political opinions. Harassment that creates a hostile environment can also be discriminatory. The law focuses on the reason for the decision and its effects.

Is sexual harassment at work a crime in Tétouan

Yes. Sexual harassment can be punished under the Penal Code and is also a serious labor offense. Victims can file a criminal complaint with the police or Public Prosecutor and may seek labor law remedies such as discipline of the harasser, safe working conditions, and compensation.

Can an employer ask about pregnancy or plans to have children

Employers should not base decisions on pregnancy or family status. Refusing to hire or promoting based on pregnancy is unlawful. Medical information is confidential, and job offers should be based on ability to perform the job.

What should I do if I experience harassment or discrimination

Write down what happened with dates, times, locations, and names. Save emails, messages, and any evidence. If safe, report the issue in writing to HR or management. You can also contact the Labor Inspectorate in Tétouan for assistance. For sexual harassment or threats, consider a criminal complaint. Speak to a lawyer early to protect your rights and meet deadlines.

Can foreigners working in Tétouan bring discrimination claims

Yes. Workers in Morocco, regardless of nationality or contract type, are generally protected by Moroccan labor law for work performed in Morocco. Immigration status and work permits can affect specific rights, so consult a lawyer for tailored advice.

What remedies can a court award

Possible remedies include compensation for material and moral harm, unpaid wages or benefits, and in some cases reinstatement. Courts can also declare a dismissal unfair. In criminal harassment cases, the offender may face fines or imprisonment in addition to civil damages.

Do I need to file with the Labor Inspectorate before going to court

Early conciliation through the Labor Inspectorate is common and often helpful. Some disputes proceed directly to court, while others benefit from an official conciliation record. A lawyer can advise on the best sequence in your situation.

How long do I have to act

Time limits vary by claim. Challenges to dismissal or disciplinary measures can have short deadlines, while wage and contract claims may have longer periods. Because deadlines can be strict, seek legal advice as soon as possible after the incident.

Will making a complaint put my job at risk

Retaliation for complaining about discrimination or for union activity is illegal. If an employer retaliates, that can create additional claims. Document any retaliatory acts and contact a lawyer or the Labor Inspectorate promptly.

Do I need to speak Arabic to file a case

Court proceedings are typically in Arabic, and many employment records are in French. You do not need to be fluent if you have counsel. Lawyers in Tétouan commonly work in Arabic and French and can arrange translation if needed.

Additional Resources

Labor Inspectorate - Inspection du Travail de Tétouan. This office receives workplace complaints, conducts inspections, and organizes conciliation between employees and employers. It operates under the Ministry of Economic Inclusion, Small Business, Employment and Skills. You can visit the regional delegation in Tétouan during business hours to open a file or seek guidance.

Tribunal de Première Instance de Tétouan - Section sociale. The social section handles labor disputes such as discrimination, unpaid wages, and wrongful termination. The court registry can provide filing information and hearing schedules.

Public Prosecutor - Parquet près le Tribunal de Première Instance de Tétouan. For criminal matters such as sexual harassment, threats, or violence related to work, complaints can be lodged with the Prosecutor or the police.

Conseil National des Droits de l’Homme - Commission régionale Tanger - Tétouan - Al Hoceima. This regional human rights body can provide information, receive complaints, and direct individuals to appropriate institutions.

Caisse Nationale de Sécurité Sociale - Agence de Tétouan. For questions about maternity benefits, medical leave, and social security contributions that may intersect with discrimination matters.

Trade unions in Tétouan, such as UMT, CDT, UGTM. Unions offer support, representation, and can accompany workers to the Labor Inspectorate or court.

Ordre des Avocats de Tétouan. The local bar association can help you find a lawyer experienced in labor and discrimination law.

Next Steps

Document events immediately. Keep a dated log of incidents, save emails and messages, and identify witnesses. Preserve pay slips, contracts, and internal policies.

Prioritize safety. In cases of harassment or threats, seek a safe environment and consider contacting law enforcement. Obtain medical or psychological reports if you suffered harm.

Notify the employer in writing if it is safe to do so. Use email or a written letter to HR or management, briefly describing the issue and requesting action. Keep copies.

Consult the Labor Inspectorate in Tétouan for information and conciliation. An inspector can invite the employer to a meeting and record agreements in writing.

Seek legal advice early. A lawyer can assess your claims, calculate potential compensation, advise on deadlines, and represent you in negotiations, conciliation, and court.

Avoid impulsive resignation. Resigning may affect your rights. Discuss options such as sick leave, transfers, or protective measures with your lawyer first.

Consider parallel actions where appropriate. Some cases involve both labor claims and criminal complaints, especially in sexual harassment or violence. Your lawyer can coordinate strategy.

This guide is for information only and is not legal advice. For advice on your specific situation in Tétouan, consult a qualified lawyer or contact the local Labor Inspectorate.