Cass. Soc., November 14, 2024 n°23-17.917
A security guard reported to his employer racist behaviour and remarks made by his colleagues and superiors in the workplace over a period of several months.
Despite his written warnings, the employer took no action to prevent further difficulties or to remedy the situation.
The employee terminated his contract and appealed to the Labor Court, claiming discrimination.
The Court of Appeal ruled that the employee had not provided sufficient evidence of discrimination, but recognized a breach of the safety obligation, and consequently reclassified the notice of termination as a dismissal without real and serious cause.
The Court of Cassation partially overturned this decision and referred the case back to another Court of Appeal for reconsideration.
It pointed out that, under article L.1134-1 of the French Labor Code, when an employee presents evidence suggesting discrimination, it is up to the employer to demonstrate that the facts complained of are justified by objective factors unrelated to any discrimination.
It refers to the provisions of Law n°2008-496 of May 27, 2008, which enshrines the fact that discrimination includes any action whose purpose or effect is to undermine dignity or to create an intimidating, hostile, degrading, humiliating or offensive environment.
In this case, the High Court considered that the elements put forward by the employee – particularly the repeated racist remarks, the discriminatory behaviour of certain colleagues towards him (such as the deliberate failure to greet him) and the reproaches relating to his private life – were thus sufficient to suggest the existence of discrimination.
This was the case even though the employee made no mention of any discriminatory measure as such.
It was then up to the employer to prove that these actions were justified by objective factors unrelated to any discrimination.
In addition, the Cour de cassation considers the employer’s inaction in the face of reports of discriminatory remarks or behaviour to be an aggravating factor in determining discrimination.