Title III: Discrimination

When a dispute arises due to a failure to comply with the provisions of Chapter II, the applicant for a job, an internship or a training period in a company or the employee must present evidence suggesting the existence of direct or indirect discrimination, as defined in Article 1 of Law no. 2008-496 of 27 May 2008 containing various provisions for adapting to Community law in the field of anti-discrimination….

Representative trade union organisations at national level, at departmental level or at local authority level in Guadeloupe, French Guyana, Martinique, Mayotte, La Réunion, Saint-Barthélemy and Saint-Martin, or in the company, may bring all legal actions resulting from the application of the provisions of Chapter II. They may bring such actions on behalf of an applicant for a job, an internship or a training period in a company, or an employee,…

Associations that have been duly constituted for at least five years for the purpose of combating discrimination or working in the field of disability may bring any legal action resulting from the application of the provisions of Chapter II. They may take such action on behalf of an applicant for a job, an internship or a period of training in a company or an employee under the conditions set out…

The dismissal of an employee following legal action taken by or on behalf of that employee, on the basis of the provisions of Chapter II, is null and void where it is established that the dismissal has no real and serious cause and is in fact a measure taken by the employer as a result of that legal action. In this case, reinstatement is automatic and the employee is deemed…

An action for damages resulting from discrimination must be brought within five years of the date on which the discrimination came to light. This period may not be modified by agreement. Damages and interest compensate for the entire loss resulting from the discrimination, for the entire duration of the discrimination.