Section 2: Provisions specific to group actions

Subject to Articles L. 1134-7 to L. 1134-10, Chapter I of Title V of Law 2016-1547 of 18th November 2016 on the modernisation of justice in the 21st century shall apply to the group action provided for in this Section.

A representative employee trade union organisation within the meaning of articles L. 2122-1, L. 2122-5 or L. 2122-9 may bring an action before a civil court to establish that several applicants for a job, an internship or a period of in-company training, or several employees, are the subject of direct or indirect discrimination based on the same grounds listed in article L. 1132-1 and attributable to the same employer. An…

The action may seek the cessation of the breach and, where appropriate, in the event of a breach, compensation for the damage suffered. Except in the case of applicants for a job, an internship or a period of training, only losses arising after receipt of the request referred to in article L. 1134-9 may be compensated under the group action.

By way of derogation from Article 64 of Law 2016-1547 of 18 November 2016 on the modernisation of justice for the 21st century, prior to initiating the group action mentioned in Article L. 1134-7, the persons mentioned in the same Article L. 1134-7 shall ask the employer, by any means that gives this request a date certain, to put an end to the alleged situation of collective discrimination. Within a…

Where the action seeks compensation for the harm suffered, it shall be brought under the individual compensation procedure defined in Chapter I of Title V of Law 2016-1547 of 18 November 2016 on the modernisation of justice for the 21st century. The judicial court hears claims for compensation for harm suffered as a result of discrimination that the employer has not upheld.