Federal Act on Gender Equality

¹Any­one who is the vic­tim of dis­crim­in­a­tion with­in the mean­ing of Art­icles 3 and 4 may ap­ply to the court or to the ad­min­is­trat­ive au­thor­ity for an or­der:

a.

pro­hib­it­ing or stop­ping threatened dis­crim­in­a­tion;

b.

re­quir­ing ex­ist­ing dis­crim­in­a­tion to cease;

c.

con­firm­ing that dis­crim­in­a­tion is tak­ing place if it is con­tinu­ing to have a dis­rupt­ive ef­fect;

d.

for the pay­ment of any salary due.

²If the dis­crim­in­a­tion relates to the re­fus­al of em­ploy­ment or to dis­missal un­der the Code of Ob­lig­a­tions, the per­son con­cerned is en­titled only to a com­pens­at­ory pay­ment. This pay­ment must be fixed by tak­ing all the cir­cum­stances in­to ac­count and is cal­cu­lated on the basis of the prob­able or ac­tu­al salary.

³In the case of dis­crim­in­a­tion through sexu­al har­ass­ment, the court or the ad­min­is­trat­ive au­thor­ity may also award the per­son con­cerned com­pens­a­tion, un­less the em­ploy­er proves that it took meas­ures that have been proven in prac­tice to be ne­ces­sary and ad­equate to pre­vent sexu­al har­ass­ment and which it could reas­on­ably have been ex­pec­ted to take. The com­pens­a­tion must be fixed by tak­ing all the cir­cum­stances in­to ac­count and is cal­cu­lated on the basis of the av­er­age Swiss salary.

⁴The com­pens­a­tion in the case of dis­crim­in­a­tion through the re­fus­al of em­ploy­ment in terms of Para­graph 2 must not ex­ceed an amount equi­val­ent to three months’ salary. The total amount of com­pens­a­tion must not ex­ceed this sum even if two or more per­sons claim com­pens­a­tion for the dis­crim­in­at­ory re­fus­al of the same po­s­i­tion. The com­pens­a­tion in the case of dis­crim­in­a­tion through dis­missal un­der the Code of Ob­lig­a­tions in terms of Para­graph 2 and in the case of dis­crim­in­a­tion through sexu­al har­ass­ment in terms of Para­graph 3 must not ex­ceed an amount equi­val­ent to six months’ salary.

⁵Claims for dam­ages for fin­an­cial loss and pain and suf­fer­ing as well as fur­ther con­trac­tu­al claims are re­served.