Published on 24 August 2023

Federal Constitution and Gender Equality Act

The Federal Constitution and the Gender Equality Act constitute the legal basis for gender equality in Switzerland. The principle of equal rights for women and men is enshrined in the Federal Constitution. Gender equality in the workplace is governed by the provisions of the Gender Equality Act.

Equal rights for women and men have been guaranteed by the Federal Constitution since 1981. Since 1996, the Gender Equality Act has prohibited discrimination in the workplace on grounds of gender.

Federal Constitution

Art. 8 para. 3 of the Federal Constitution expressly states that women and men have equal rights:

«Men and women have equal rights. The law shall ensure their equality, both in law and in practice, most particularly in the family, in education, and in the workplace. Men and women have the right to equal pay for work of equal value.» This paragraph was included in the Federal Constitution in 1981 and amended in 2000 to expressly enshrine not only equality in law, but also equality in practice.

Equal rights for women and men are supplemented by a general prohibition of discrimination in Art. 8 para 2 of the Federal Constitution, which among other things expressly prohibits discrimination on grounds of gender.

Gender Equality Act

The Federal Act on Gender Equality (Gender Equality Act, GEA) came into force on 1 July 1996 and implements the constitutional mandate for gender equality in the workplace, both in law and in practice. The GEA applies to all employment relationships under public and private law.

The provisions of the Gender Equality Act are intended to facilitate effective enforcement of the law with a view to promoting gender equality in the workplace in practice.

Purpose and content

The Gender Equality Act applies to all areas of working life, from hiring and continuing education to dismissal, covering also pay and sexual harassment in the workplace.

Specifically, the Gender Equality Act provides for:

Prohibition of direct and indirect discrimination on the basis of sex, in particular on grounds of marital status, family situation or pregnancy.
Protection against sexual harassment in the workplace.
Reduced burden of proof. This means that the affected employee only has to substantiate a claim of discrimination by prima facie evidence, whereupon the employer must prove that there is no discrimination on the basis of sex.
Action by organisations. This means that organisations or trade unions that promote gender equality can bring an action if it concerns a considerable number of jobs.
Protection against retaliatory dismissal. This means protection against dismissal in response to an internal grievance or complaint of discrimination.
Cantonal court proceedings free of charge. For more information, see For employees: tackling wage discrimination.
Equal pay analysis with independent audit (since 1 July 2020).

The Gender Equality Act also provides for financial aid for projects that promote gender equality in the workplace (Art. 14 and 15) and defines the mandate of the Federal Office for Gender Equality (FOGE) (Art. 16).

Examples of case law

Cases based on the constitutional principle of equal pay (Art. 8 para 3 Federal Constitution) and/or on the (Gender Equality Act (GEA)) are listed here: