Chapter IV: Legal proceedings.

When a dispute arises over the application of the provisions of Articles L. 1142-1 and L. 1142-2, an applicant for a job, a work placement or a period of training, or an employee, presents evidence suggesting the existence of direct or indirect discrimination on the grounds of sex, family status or pregnancy. In the light of these factors, it is up to the defendant to prove that its decision is…

The representative trade union organisations at national level or in the company may take any legal action resulting from the application of articles L. 3221-2 to L. 3221-7, relating to equal pay for men and women. They may take such action on behalf of a job applicant, a trainee or an employee. The trade union organisation does not have to prove that it has a mandate from the person concerned….

Dismissal of an employee following legal action taken by or on behalf of that employee on the basis of provisions relating to professional equality between women and men is null and void when 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 the legal action. In such cases, reinstatement is automatic and the…