Simone Wetzstein: “Complaints of discrimination must be taken seriously and handled carefully and confidentially"

LEADERS LEAGUE. Which discrimination cases do you see most often as they relate to employment law?

Simone Wetzstein. In the employment law context, wage discrimination lawsuits are the most common - although even these are probably rather rare compared to other lawsuits. In my experience, many potential plaintiffs are afraid of reprisals on the very small Swiss labor market. The (relative) frequency of wage discrimination claims can presumably be explained by the fact that this type of claim is subject to a special burden of proof and usually involves substantial amounts of money.

Are there any initiatives being made to promote gender equality in the Swiss market, and if so, what are they?

Recently, various agencies and organizations have been raising awareness about gender equality. Nevertheless, there are still inexplicable differences between the sexes - especially when it comes to wage levels, training, and promotion.

In the legal context, the following initiatives seem particularly worth mentioning: As of July 1st, 2020, employers with at least 100 employees are obliged to conduct an internal wage equality analysis. What was intended to be an effective tool has, in my opinion, turned into a toothless tiger with questionable analysis. As of July 1st, 2021, large publicly traded companies must allocate at least 30% of positions on the boards of directors and 20% on executive boards to women over the next five to 10 years respectively. That measure follows the principle “comply or explain”.

What is your opinion on the adoption of affirmative action policies to protect minorities in Switzerland?

Labor law and relevant case law provide anti-discrimination policies in the workplace. But none of these policies or provisions guarantee affirmative action. In my opinion, the discussion about discrimination against minorities in Switzerland has not yet found its way into the broad public debate. This discussion - and how affirmative action might best work in the Swiss context - needs to take place.

Employers with at least 100 employees are obliged to conduct an internal wage equality analysis

What advice would you give to businesses seeking to combat discrimination in the workplace?

In my experience, education is key. Accordingly, I regularly advise businesses to educate and train all their workers on what constitutes discrimination, and to train higher-ups like supervisors and managers on how to properly respond to discrimination.

Further, a strict workplace policy should be introduced against discrimination, ideally providing more than one communication channel. That policy should be properly laid out, enforced, and regularly reviewed. Complaints of discrimination must be taken seriously and handled carefully and confidentially. From what I’ve seen, employers are often overwhelmed in this regard - if only to reduce the risks of possible subsequent workplace discrimination proceedings, it is very worthwhile to seek professional external support at this point.