Tackling Indirect Discrimination in Employment in France
Résumé
This chapter argues that in France, the application of employment discrimination law is a mixed bag. On the one hand, labour law judges have had some difficulties with interpreting anti-discrimination law, especially when it is based on prohibited grounds linked to the person at work, such as race, and detached from the statutory view of the worker within the scope of applicable law. The need to deepen a factual analysis of context in cases of direct discrimination constitutes a challenge for civil judges more familiar with an approach based on syllogism rather than analogy and comparison. On the other hand, more recently, labour law judges have started resorting to the logic of indirect discrimination in employment which offers original ways to scrutinize collective action, including the right to strike, revealing systemic discrimination.