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 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.