Discrimination in hiring — what you may not ask
Swiss law prohibits asking candidates questions about protected characteristics—religion, origin, gender, age, disability, sexual orientation—during recruitment. You cannot ask these questions in interviews, on application forms, or reference checks, even indirectly. Violations expose you to damages claims under the Federal Constitution and cantonal discrimination laws.
Discrimination in hiring means treating job applicants unequally based on protected characteristics. In Switzerland, these include religion, ethnic or national origin, gender, age, disability, and sexual orientation. The Swiss Federal Constitution (article 8) and the Labour Act (ArG) prohibit discrimination at every recruitment stage.
Your obligation is straightforward: you must assess candidates solely on job-relevant qualifications, experience, and fit. When hiring moves to interview or reference-checking stages, this protection remains in force. Many employers unwittingly breach the rule by asking seemingly innocent questions that reveal protected status.
What counts as a protected characteristic
Protected characteristics go beyond obvious categories. Religion includes not just denomination but also observance practices. Origin covers nationality, ethnicity, and language background. Disability means physical or mental impairment—including invisible conditions like dyslexia or anxiety.
Gender and age are straightforward. Sexual orientation and gender identity are also protected under Swiss Federal Constitution article 8. Some cantons (Geneva, Zurich, Vaud) extend protection further in their cantonal codes. Always check your canton's specific labour law.
- Religion and religious observance practices
- Ethnic or national origin, and language spoken at home
- Gender and gender identity
- Age (you cannot screen by birth year)
- Physical or mental disability (visible or invisible)
- Sexual orientation and family status
Questions you cannot ask, directly or indirectly
Do not ask about marital status, children, or childcare plans—even framed as "flexibility" or "commitment." Do not ask about religion, church membership, or whether a candidate observes Sabbath or religious holidays. Do not ask about national origin, accent, native language, or "where you are really from."
Indirect discrimination is just as illegal. Asking "Are you planning a family?" is prohibited. Asking "Do you have reliable transport?" when the role is office-based is often a proxy for disability status. Asking "When did you graduate?" or "How long have you been working?" probes age. Your canton's labour office or the Swiss State Secretariat for Economic Affairs (SECO) publishes guidance on borderline cases.
- Family plans, marital status, or number of children
- Sabbath observance, religious holidays, or church attendance
- Citizenship, residency permit type, or visa duration
- Health history, disabilities, or need for workplace adjustments
- Criminal record (unless job-critical; varies by canton)
- Sexual orientation or gender identity
Your obligation and the most common mistake
Your obligation: document your hiring decision on job-relevant grounds only—skills, experience, references, and interview performance. Keep notes showing why you chose the successful candidate. Under the Labour Act (ArG article 2), candidates can challenge hiring decisions and demand damages if they prove discrimination occurred.
The single most common mistake is asking background questions in the interview that feel conversational but reveal protected status. "Tell me about your family" or "Where did you grow up?" or "When did you last work full-time?" often lead to disclosure of protected information. If a candidate then is not hired, the burden shifts partly to you to prove the decision was merit-based.
- Interview candidates on qualifications, experience, and role fit only
- Avoid questions about family, background, or personal circumstances
- Document hiring decisions with job-relevant reasons in writing
- Train yourself and any co-interviewers on what counts as discrimination
- If a candidate raises a concern, take it seriously and consult legal counsel
- Do not ask references to disclose information you could not ask the candidate
Frequently asked questions
- Can I ask a candidate's age or year of birth?
- No. Age discrimination is prohibited under Swiss Federal Constitution article 8. You cannot ask birth year, graduation date, or "how long you have been working" as a proxy for age. You may assess if someone has the required years of specific experience, but not their age itself.
- What if a candidate volunteers information about a protected characteristic?
- You may accept it, but do not prompt or probe further. If a candidate mentions religion or disability unprompted, listen respectfully. However, you cannot then make the hiring decision based on that disclosure. Document your decision on job-relevant grounds only, to avoid appearance of discrimination.
- Can I ask a reference about a candidate's disability or family status?
- No. References are still part of the hiring process. You cannot ask referees questions about protected characteristics that you could not ask the candidate directly. Stick to job performance, skills, and reliability. If unsure, contact your canton's labour office or SECO.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.