Discrimination at work: how well are LGBTIQ people protected in Switzerland?
Anyone in Switzerland who faces disadvantage at work because of sexual orientation, gender identity or sex characteristics is operating within a patchwork of rules rather than under one clear law. The frame is set by the Federal Constitution: Article 8 paragraph 2 prohibits discrimination on grounds that include origin, sex, age and way of life. The Federal Office for Gender Equality (FOGE/EBG), which has also handled LGBTIQ matters since 2024, reads this as covering sexual orientation, gender identity and sex characteristics. That constitutional guarantee, however, binds the state above all. Between private employers and employees it applies only indirectly, which is why everyday cases turn on the specific rules of employment and criminal law.
The most visible change of recent years is a criminal one. Since 1 July 2020, Article 261bis of the Criminal Code also covers sexual orientation: publicly inciting hatred or discrimination, demeaning people on grounds of sexual orientation in a way that violates human dignity, or refusing a service offered to the general public are now punishable. Voters approved this extension on 9 February 2020 with around 63 percent in favour. An important nuance: this provision targets public incitement and degradation, not every conflict inside an employment relationship. Gender identity is not expressly named in the current wording. Because law and case law keep evolving, the precise scope should always be checked against the official source.
Within the employment relationship itself, the main instruments are the Code of Obligations and the Gender Equality Act. The Code of Obligations requires employers to protect the personality of their staff and can come into play in cases such as abusive dismissal or a breach of the duty of care. The Gender Equality Act covers the whole of working life, from hiring through pay and training to sexual harassment and dismissal. Yet it is expressly built around equality between the sexes. According to Federal Supreme Court case law, disadvantage based on sexual orientation falls under the Act only where it also amounts to discrimination on grounds of sex. Whether the Act reaches gender identity or sex characteristics has not been conclusively settled.
This is precisely where the central gap lies. Switzerland has no comprehensive anti-discrimination law for the private labour market that protects sexual orientation, gender identity and sex characteristics as fully as the Gender Equality Act protects sex. Instead, protection is assembled from the constitution, criminal law, the Code of Obligations and a partially applicable Gender Equality Act, each with different conditions, procedures and burdens of proof. In practice, discrimination at work may be clearly felt while the right legal lever depends on the exact circumstances. International comparisons and Swiss organisations have pointed to this missing unified basis for years.
Those who nonetheless experience discrimination are not without options. A useful first step is to record incidents with dates, places and people involved, and to keep messages, emails or references. Inside the company, a manager, a trusted contact person or a staff representation may be the first port of call. Beyond that, specialised counselling services run by LGBTIQ organisations exist alongside cantonal conciliation bodies, which mediate free of charge and with a low threshold, especially on equality-law questions. The FOGE also points to its information portal on equality law, which makes documented cases from conciliation authorities and courts accessible. For an individual assessment, legal advice or a trade-union office remains valuable, because deadlines and prospects depend heavily on the specific case.
Queer Switzerland is following this topic and links directly to the FOGE overview of the rights of LGBTIQ persons, where the current state of the constitution, the criminal provision and the Gender Equality Act can be read. This article is information, not legal advice, and does not replace an individual legal assessment. Anyone affected right now should turn to a specialised counselling service, a conciliation body or legal representation.
