FranceAct of 27 May 2008 on combating discrimination, ban on direct and indirect discrimination on the ground of handicap in access to and supply of goods and services
Loi n° 2008-496 du 27 mai 2008, art. 1er, 2 (3°), 4 et 5
In force since .
A disability discrimination rule binding public and private bodies.
- Private right of action
- Yes
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
As of .
What it requires
- The Act names no technical accessibility standard for a website or app: the duty is the ban on direct and indirect discrimination on the ground of handicap in access to and supply of goods and services (Loi n° 2008-496, Art. 1 and 2, 3°).
- If you offer goods or services, do not treat a person less favourably than another is, has been or would be treated in a comparable situation on the ground of the person's handicap, in access to or supply of those goods or services (Art. 1, first paragraph; Art. 2, 3°).
- Do not apply a provision, criterion or practice, neutral in appearance, that is liable to put persons at a particular disadvantage on the ground of handicap in access to or supply of goods and services, unless it is objectively justified by a legitimate aim and the means of achieving that aim are necessary and appropriate (Art. 1, second paragraph; Art. 2, 3°).
- Do not treat a person unfavourably for having testified in good faith to discriminatory conduct or reported it (Art. 3).
- If a person who considers they are the victim of such discrimination presents facts to the court from which it may be presumed, prove that the measure was justified by objective factors unrelated to any discrimination (Art. 4).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Settledness
- As of
- Open questions
- Is a website or app that persons with a handicap cannot use a provision, criterion or practice neutral in appearance that puts them at a particular disadvantage in access to services, within Article 1, second paragraph, and Article 2, 3°?
What this law does
Article 2, 3° of the Act of prohibits any direct or indirect discrimination based on a ground in Article 1, among them handicap, in social protection, health, social advantages, education, access to goods and services or supply of goods and services. Under Article 1, direct discrimination is the situation in which, on one of those grounds, a person is treated less favourably than another is, has been or would be treated in a comparable situation.
Indirect discrimination is a provision, criterion or practice neutral in appearance but liable to cause, on one of those grounds, a particular disadvantage for persons compared with other persons, unless it is objectively justified by a legitimate aim and the means of achieving that aim are necessary and appropriate.
Discrimination includes conduct linked to one of the grounds that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment, and enjoining anyone to adopt conduct that Article 2 prohibits. The ban in 3° does not prevent differences based on one of the grounds where they are justified by a legitimate aim and the means of achieving it are necessary and appropriate.
The principles do not prevent measures taken in favour of persons with disabilities to promote equal treatment, nor differences of treatment provided for and authorised by the laws and regulations in force on the date the Act of was published. Article 3 bars unfavourable treatment of a person for having testified in good faith to discriminatory conduct or reported it.
Under Article 4, a person who considers they are the victim of direct or indirect discrimination presents to the competent court the facts from which it may be presumed, and the defendant must then prove that the measure is justified by objective factors unrelated to any discrimination. That the victim sought only to demonstrate discriminatory conduct does not exclude the defendant's liability where the victim suffered harm, and Article 4 does not apply before the criminal courts.
Under Article 5, Articles 1 to 4 apply to all public or private persons, including those carrying on an independent professional activity. Articles 1 and 2 in their current wording apply only to actions in which the event giving rise to liability, or the breach, occurred after the Act of entered into force.
When LexLint raises it
When your app profile says your app ships a consumer interface.