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.
In light of these factors, it is up to the defendant to prove that its decision is justified by objective factors unrelated to any discrimination.
The judge will form his or her opinion after ordering, if necessary, any investigative measures that he or she deems useful.