New French Equal Opportunities Law Limits Use of Candidate Data in Recruitment Process

In an attempt to put an end to perceived discrimination against immigrants, women, and the elderly, the French Parliament has adopted a controversial "Equal Opportunities Bill" proposed by the French Prime Minister Dominique de Villepin.¹ As part of the new regime, an amendment to the Labor Code was approved on March 9, 2006, that mandates the anonymity of job applications for positions at companies with 50 or more employees in France. The amendment, adding a new paragraph to article L. 121-6 of the French Labor Code, reads as follows:

"In companies with 50 or more employees, the information considered in article L. 121-6 of the Labor Code and transferred by a job applicant must be examined in such conditions that respect anonymity of the applicant. The modalities of application of this article are subject to a decree which will be adopted by the Conseil d'Etat." (the highest French administrative court)