Recently brought to public attention following a number of testimonies, the “handbag test” involves asking a female candidate, during a job interview, to empty her bag in order to assess her organisational skills. In response to a question raised by a senator, the Ministry of Labour unequivocally deemed this practice unlawful.
Two legal grounds support this conclusion. First, the Labour Code provides that any information sought from a candidate must have a direct and necessary link to the role being offered. The contents of a handbag plainly fail this test. Second, it protects employees’ and candidates’ individual rights and freedoms from any unjustified or disproportionate interference, and exposing one’s personal belongings constitutes an unwarranted intrusion into private life. The right to privacy is further protected by French and European law including Article 8 of the European Convention on Human Rights, and France’s constitutional principles.
Where the practice is applied exclusively to women, it may additionally constitute discrimination based on gender, which is prohibited. The Ministry considers the existing legal framework adequate and has no plans to amend legislation; however, it has signalled that it will remain vigilant and encourages complaints to be referred to the labour inspectorate.
