A review of 81 judgements in the past 15 years has found that more than two-thirds of gender discrimination appeals were rejected by Switzerland’s highest court. The findings have renewed calls for employees to have better access to justice.
This content was published on
2 minutes
Keystone-SDA/jdp
Português
pt
Corte Federal rejeita dois terços dos casos de discriminação por gênero
The study, commissioned by the Federal Office for Gender Equality, revealed that some two-thirds of the cases reviewed from 2004 to 2019 concern wage discrimination, of which 60% were rejected. The figures were even less favourable in other areas: nearly 70% of sexual harassment cases and 90% of discriminatory dismissals were rejected by the court.
Even if the Federal Court upholds an appeal, it doesn’t mean that the plaintiff wins the case as it often sends the case back to a lower court for a decision.
About half of all cases come from the healthcare or education sectors and some 63% of the judgments concerned employees in the public sector. However, the report notes that there could be several reasons why there are fewer cases in the private sector. Employees may be more concerned about losing their job if they bring a case against a superior.
Most cases were brought by women, with only six out of 81 cases from men.
High burden of proof
Despite a persistent wage gap in Switzerland, the number of wage discrimination lawsuits has declined in the past few years, according to recent figures. In addition to the cost and awkwardness of suing the company that signs one’s paycheck, potential plaintiffs are put off by the slim chances of winning.
Some experts argue that one key barrier is the high burden of proof in Switzerland.
The study recommends considering reducing the burden of proof for cases of sexual harassment and discrimination in hiring. This would mean that alleged victims would not have to prove discrimination but just that it is presumed to have happened.
The authors also recommend more training on the Gender Equality Act – in force since 1996 – for judges, lawyers and members of arbitration authorities as well as better public information campaigns on gender equality.
Equal pay for equal work is a constitutional requirementExternal link in Switzerland. Yet according to recent figures, men earned 19.6% more than female colleagues in 2016. At the end of 2018, parliament passed a law requiring companies with over 100 employees to perform regular pay equity checks.
Popular Stories
More
Life & Aging
Zurich: how the world capital of housing shortages is tackling the problem
Is your place of origin, your Heimatort, important to you?
Every Swiss citizen has a Heimatort, a place of origin, but many have never visited theirs. What’s your relationship with your Heimatort? What does it mean to you?
What factors should be taken into account when inheriting Swiss citizenship abroad?
Should there be a limit to the passing on of Swiss citizenship? Or is the current practice too strict and it should still be possible to register after the age of 25?
This content was published on
After reaching a low point at the end of 2024, the Swiss job market showed the first signs of a slight recovery in the first quarter.
This content was published on
Switzerland's dioceses are making arrangements for the faithful to attend the Pope's funeral, including public screenings.
Vulnerable tenants hit hardest by Zurich evictions
This content was published on
More tenants are evicted in Zurich than anywhere else in Switzerland, which particularly affects older people on low incomes.
This content was published on
Swiss National Bank Q1 profits weighed down by foreign currency investments, which the rise in gold was unable to offset.
If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.
Read more
Opinion
More
A push for gender equality in Switzerland
This content was published on
Election results show slow-but-steady progress on women's equality, but the pace of change must increase because women are needed in the workforce.
This content was published on
Equal rights may be enshrined in the constitution, but from the workplace to the home, inequality between men and women persists.
Gender inequality persists in Swiss businesses and society
This content was published on
The government has set new targets to improve gender equality and it has taken note of a UN report on the elimination of discrimination against women.
Women still struggle to break top ranks in Swiss firms
This content was published on
Women represent half of employees in non-management levels in Switzerland, but promotion rates between men and women remain unequal.
You can find an overview of ongoing debates with our journalists here . Please join us!
If you want to start a conversation about a topic raised in this article or want to report factual errors, email us at english@swissinfo.ch.