Montpellier Business School makes you aware of a new discrimination criterion passed by the Senate

On 18 June, after nearly six years of action by solidarity associations, led by ATD Fourth World, the Senate voted into law the addition of a 21st discrimination criterion, that of social insecurity. Montpellier Business School informs you.

The objective is to not allow vulnerable persons to suffer a double penalty, as they are already discriminated against in terms of access to employment, goods and services. The legislation must now be considered by the National Assembly, and a certain number of questions about its effectiveness are being raised. The Defender of Rights, Jacques Toubon, also raised them in his judgement made on 30 July regarding this issue.

If the objective is laudable and legitimate, the Defender of Rights is questioning the reality of judicial decisions that could be taken on this subject, in a country where access to public services and access to housing have already been recognised as fundamental rights.

The very definition of social insecurity should therefore be worked on in detail and objectively so that each individual situation can be assessed on an equitable basis.
Finally, we must see, if the legislation is adopted, how companies tackle this topic in adapting their products, services and prices, whether by legal compulsion or conviction about their global responsibility.

Moreover, some companies have already tackled the issue, often grouped under the term “Inclusive Business”, such as, for example, Danone and Grameen in Bangladesh, Essilor on the optical market in India, or our partner, the La Poste group, regarding its disadvantaged customers in France.

To consult the Defender of Right’s judgement visit:

As a reminder, the 20 grounds for discrimination listed in the law are: gender, origin, age, real or perceived membership or non-membership of an ethnic group, nation or race, religious beliefs, political opinions, trade union or mutual activities, marital status, pregnancy, sexual orientation, gender identity, health status, disability, physical appearance, place of residence, customs, genetic characteristics.