Art. 20 LC: Termination of employment is unfair if it is not justified by a legitimate reason, or a genuine and proper cause. ("La rupture est abusive lorsqu'elle est effectuée sans motif légitime, sans cause réelle et sérieuse".)
- Worker's opinion and trade union membership or activities: see Art. 20 LC and Art. 141 LC.
- Pregnancy and maternity leave: see Arts. 95 and 97 LC.
- HIV status: Act No. 2005-040 of 20 February 2006 concerning the fight against HIV/AIDS and the protection of the rights of persons living with HIV/AIDS. Art. 46 provides that the serostatus of a worker, her or his partner or close family members shall not constitute a direct or indirect cause for non-recruitment or termination of employment. See also Art.78 of Decree N°2006-902 of 19 December 2006 implementing Act. No. 2005-40 which prohibits any exclusion, which can take the form of a dismissal, based only on the actual or perceived HIV positive serostatus.
[The same provision has been introduced in the new Decree No. 2011-626 of 11 October 2011 relating to the fight against HIV / AIDS in the workplace which entered into force in December 2011 - see art. 3.]
- Disability: see Art. 105 LC which contains a general prohibition of discrimination in employment on the basis of disability.
- Art. 5 LC protects employees against retaliation (including dismissal) if they report sexual harassment or testify against the employer in sexual harassment cases.
- In addition Art. 261 LC provides that any discriminatory treatment based on race, religion, origin, sex, trade union affiliation as well as political opinion or membership in relation to access to employment and vocational training, conditions of employment and promotion, conditions of remuneration and dismissal, shall be punished with a fine or imprisonment.