Discriminatory announcement Zurich: what the LPar provides (cross-border guide)

Context

In a nutshell

• A carpenter in the Canton of Zurich sought a secretary "preferably non-smoker, between 22 and 40 years old"
• The announcement sparked an online debate: those who felt excluded protested
• A labor law expert confirms that the ad is admissible under federal law

Key facts

• What: Job advertisement with criteria of gender, age and smoking habits
• When: August 2026
• Where: Canton Zurich (Switzerland)
• Who: Carpentry + Prof. Roger Rudolph (University of Zurich, labour law)
• Applicable rule: Federal Law on Gender Equality (LPar)
• Maximum allowance: Three monthly salary payments

The case of Zurich carpentry

A carpenter's shop in the canton of Zurich has published a job advertisement for an administrative secretary who immediately ignited the online debate. The requirements were specific: "Preferably non-smoker, age about 22-40 years". In addition, due to the “already predominant male presence” in the team, a female person was desired.

The announcement drew criticism especially among those who felt excluded beforehand: men and smokers protested on social networks. Contacted by 20 Minuten, the carpenter chose not to make public statements. The question that many have asked themselves was immediate: to what extent is it legal to ask for such specific characteristics in a Swiss job advertisement?

The assessment

Operational details

When discrimination is triggered in the hiring phase

According to Professor Rudolph, if a man applies despite the indication of preference for the female gender and is rejected solely because of his sex, this could constitute discrimination under the LPar. The detail about the male prevalence of the team does not fundamentally change the issue from a legal point of view. It is possible to publish an advertisement addressed to a woman, but once the application of a man has been received, the evaluation must be based on objective criteria of merit, not on gender.

“If sex alone is the reason for exclusion, then it would most likely be discrimination,” Rudolph explained. This principle is central to the protection offered by LPar to Swiss workers.

The maximum compensation provided by law

Individuals who experience gender discrimination during the hiring process may be able to seek legal compensation. The maximum amount is three monthly salary payments. An important detail: there is no right to get the job. The ruling or recognition of discrimination does not imply an obligation for the company to hire the discriminated candidate, but only to pay financial compensation.

The most complex issue: age and smoking status

While the issue of gender is relatively clear from a legal point of view, the

Recommended tools

For an updated estimate, use the net salary calculator and the CHF-EUR exchange comparator.

Key points

How to Proceed If Discriminated Against During Hiring

If a candidate believes they have been discriminated against on the basis of gender during the hiring process, they have the opportunity to take action to protect their rights. The first step is to carefully document every communication received from the company and gather evidence demonstrating the reason for the discrimination. Once the evidence has been collected, the candidate may consider filing a complaint with the competent authorities or consulting with a labor law professional to evaluate the available options.

It is important to act promptly, as legal actions are subject to specific deadlines. A legal consultant or attorney specializing in labor law can provide precise guidance on the timeframe for filing an appeal and on the competent jurisdiction.

Practical Implications for Employers and Candidates

This case involving the Zurich carpentry firm offers an important lesson for all Swiss companies publishing job advertisements. While the law allows for a certain flexibility in the wording of job ads and in the search for specific profiles, employers must be careful not to discriminate against candidates who apply during the evaluation phase.

For candidates, the lesson is equally relevant: if they believe they are discriminated against during the hiring process for reasons protected by federal law (particularly gender), they have legal remedies available. The maximum compensation of three months' salary represents a tangible remedy, even if it does not restore the lost opportunity to obtain the job.

…