- 1. What are the main laws on discrimination in the workplace in your jurisdiction and what type of conduct does it cover?
- 2. Which characteristics are protected by these laws (is sexual orientation a protected characteristic?), and what type of employment relationships are covered – employee, worker, platform worker?
- 3. What remedies are available to an individual if they are subject to discrimination in the workplace, and what level of compensation might be awarded?
- 4. What steps such as policies, training etc (if any) are employers required to put in place to prevent discrimination in the workplace?
- 5. Is a D&I Policy a legal requirement or best practice?
- 6. Are there any risks in not having a local D&I policy? Any reputational risks and ESG consequences?
- 7. Are employers required to report on pay transparency or report on gender/ethnic/disability pay gap reporting?
- 8. Are there any data protection rules that affect the processing and retention of diversity data, and what do they say?
- 9. Are there any quotas at board level or below, and if so what do they relate to?
- 10. Are there any corporate governance rules that relate to D&I, and what do they say?
jurisdiction
1. What are the main laws on discrimination in the workplace in your jurisdiction and what type of conduct does it cover?
Pursuant to Article 2 of Law n° 729, all employees, regardless of gender, should receive equal pay for equal work or work of equal value.
2. Which characteristics are protected by these laws (is sexual orientation a protected characteristic?), and what type of employment relationships are covered – employee, worker, platform worker?
Gender as well as state of health are the characteristics that are protected.
Since discrimination laws in Monaco do not make the distinction, we consider that they apply to both employees in the private and public sector.
3. What remedies are available to an individual if they are subject to discrimination in the workplace, and what level of compensation might be awarded?
- In accordance with articles 28 and 29 of Sovereign Order No. 4,526 of 30 October 2013, any natural person, working in the private or public sector, who believes that he or she has suffered "unjustified discrimination" may refer the matter to the Office of the High Commissioner for the Protection of Rights of Freedoms and Mediation, who may:
- Recommend an amicable settlement of the dispute;
- Refer to the General Attorney;
- File a complaint;
- Refer the matter to the competent court.
4. What steps such as policies, training etc (if any) are employers required to put in place to prevent discrimination in the workplace?
Employers have no specific legal duties, but they must be able to prove that they took necessary actions to prevent or address discrimination, if required to defend their liability.
5. Is a D&I Policy a legal requirement or best practice?
Such a policy is neither a legal nor a market practice, but could be a best practice depending on its drafting.
6. Are there any risks in not having a local D&I policy? Any reputational risks and ESG consequences?
The legal arsenal, which is under developed in this matter, reflects the fact that the question of discrimination is not a deeply rooted theme in this society. Hence, the lack of a policy in this area should not lead to non-financial risks.
7. Are employers required to report on pay transparency or report on gender/ethnic/disability pay gap reporting?
There is no such requirement at the moment.
8. Are there any data protection rules that affect the processing and retention of diversity data, and what do they say?
Article 12 of Law n. 1.165 of 23/12/1993 on the protection of personal information provides that no one can implement treatments, automated or not, showing, directly or indirectly, notably racial or ethnic belonging, religious, or genetic data.
9. Are there any quotas at board level or below, and if so what do they relate to?
There are no such quotas at the moment.
10. Are there any corporate governance rules that relate to D&I, and what do they say?
There are no such rules at the moment.