Author: Attorney Enrico Germano

April 16, 2026

A recent job advertisement published on April 14, 2026, describes a case that raises serious questions of employment discrimination and a possible violation of the Swiss Act on Gender Equality of March 24, 1995 (Gender Equality Act. GEA).

Two Ticino politicians reported a job advertisement published by a company in Chiasso that they considered problematic. The advertisement sought a candidate:

  • explicitly designated as female
  • aged between 19 and 40
  • without family commitments
  • available to travel and accompany the CEO
  • with vague characteristics (e.g., “turning work into a pleasant experience,” “experiences outside the norm”)

According to the two politicians, requiring the absence of family commitments is a form of discrimination, just as specifying gender and age without justification may violate the Federal Act on Gender Equality. Essentially, private life should not influence hiring.

Switzerland has the Federal Act on Gender Equality, which prohibits discrimination in employment. This applies from the advertising and selection phase, not just after hiring.

Gender equality is a constitutional principle (Article 8 of the Federal Constitution) that prohibits discrimination based on gender in the workplace, social, and family spheres. The Federal Act on Gender Equality prohibits discrimination in hiring, wages, duties, and dismissals, including marital status and pregnancy.

In fact, an advertisement requesting “no family commitments,” only women, and within a specific age range without justification could be considered discriminatory and illegal, because it would exclude people not because of their skills but because of their private life.

In this regard, Article 8 of the Federal Constitution stipulates that:

1 Every person is equal before the law.
2 No person may be discriminated against, in particular on grounds of origin, race, gender, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability.
3 Men and women have equal rights. The law shall ensure their equality, both in law and in practice, most particularly in the family, in education, and in the workplace. Men and women have the right to equal pay for work of equal value.
4 The law shall provide for the elimination of inequalities that affect persons with disabilities.

In Switzerland, during an interview, an employer may only ask questions that are relevant to the job.

Questions about private life and family, such as “Do you have children?”, “Do you want to have children?”, “Are you married?”, or “Who takes care of the children?”, would be irrelevant and should therefore be prohibited.

The same applies to questions about gender and personal relationships, such as “Do you have a partner?”, “Do you live together?”, or “Are you pregnant?”. Such potential questions fall within the private sphere and should be considered illegitimate.

Regarding questions that touch on health (without valid reason), such as “Do you have any illnesses?” or “Do you take medication?”, such questions may be permitted only if directly relevant, if in the specific case the job involves physically demanding work.

Questions about religion or political opinions, as well as origin, such as “What religion are you?” “Who do you vote for?” “What nationality are you really?” or “Where are your parents from?” are prohibited.

Article 5 of the Federal Act on Gender Equality states that:

1 Anyone who is the victim of discrimination within the meaning of Articles 3 and 4 may apply to the court or to the administrative authority for an order:
a. prohibiting or stopping threatened discrimination;
b. requiring existing discrimination to cease;
c. confirming that discrimination is taking place if it is continuing to have a disruptive effect;
d. for the payment of any salary due.
2 If the discrimination relates to the refusal of employment or to dismissal under the Code of Obligations, the person concerned is entitled only to a compensatory payment. This payment must be fixed by taking all the circumstances into account and is calculated on the basis of the probable or actual salary.

  1. Federal Act on Gender Equality
  2. Federal Constitution