Morgan Lewis

France’s decree no. 2021-265 of March 10, 2021, has modified the publication modalities of the gender equality index and has imposed specific obligations on French companies benefiting from the stimulus plan introduced by the Finance Act for 2021.

METHODS OF PUBLICATION OF THE INDEX: RESULTS OF INDICATORS AND MORE VISIBLE PUBLICATION

At present, the obligation to publicize a company's performance only concerns the overall score obtained when the index is calculated. The details of the indicators and their results are, for their part, communicated only to the social and economic committee (CSE) and the labor inspection services. The company may, however, if it wishes, publish the results of each indicator on its website, as well as the corrective measures planned when the results are below 75/100.

As a result of the above-mentioned decree, companies will have to publish not only the overall score obtained, but also the results obtained for each indicator.

While the date of publication of the index remains unchanged (at the latest March 1 of the current year for the previous year), the publication must now be made in a visible and legible manner on the company's website, to avoid companies communicating this information on pages that are not easily accessible on their site.

Moreover, the results must remain available on the company's website at least until the publication, the following year, of the overall score and the results obtained for the current year.

These publication procedures apply to the 2020 results published in 2021. As a transitional measure, however, companies are granted a period of adjustment:

  • The publication of the overall score in a visible and legible manner must be carried out no later than May 1, 2021.
  • The publication of the results obtained for each indicator in a visible and legible manner must be made no later than June 1, 2021.

COMPANIES BENEFITING FROM STIMULUS PLAN: PUBLICATION OF PROGRESS TARGETS

The Finance Act for 2021 provides that companies with at least 50 employees benefiting from the aid of the economic stimulus plan implemented to address the economic consequences of the COVID-19 pandemic and having a score of less than 75/100 on the index will have to set and publish their targets as well as their correction and salary catch-up measures.

The publication of the above-mentioned objectives and measures will be made on the company's website, on the same page as the results obtained, and will be available on the company's website until the company obtains a result at least equal to 75/100.

This obligation applies to the results for 2021 and must be published no later than March 1, 2022. A delay will be left to the companies concerned in 2022: they will be able to fix and publish their objectives and the correction and catching-up measures until May 1, 2022.

As of June 1, 2021, the results obtained for each indicator of the index must also be published.

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