If you have been discriminated against by a private entity or individual, you can bring a civil case before a court.
This procedure also applies, if a public authority has discriminated against you in the context of a private law contract (such as an employment contract or a contract for the provision of goods or services).
Employment context
important Any discrimination in the employment context, such as a refusal to hire, refusal of promotion or unfair dismissal, is dealt by the Labour Tribunal (conseil des prud’hommes).
Read more information about the procedure before the Labour Tribunal.
Contents of the complaint
In your claim you should:
- indicate your personal information (name, profession, date of birth, place of birth, nationality, address)
- indicate information about your employer
- provide information that indicates that you believe discrimination (including the grounds) may have taken place (who, what, when, how)
- name the legal provisions which have been violated
- indicate the amount of the requested compensation
- attach relevant documents that substantiate your opinion, if there are any.
Procedure and time limits
You may bring the case before the Labour Tribunal within 5 years. This period starts to run from the time the discrimination is revealed.
example Your employer dismissed you on 1 September 2022. On 8 November 2023, you learn that your contract has been terminated because of your disability. You can appeal to the Labour Tribunal until 7 November 2028 to obtain compensation.
Court’s assessment
The court will first assess whether you have been discriminated against. When dealing with cases concerning discrimination, the burden of proof is shared between the victim and the defendant. This means, that the victim first needs to provide the court with evidence that the discrimination took place. The duty to provide this evidence is called the burden of proof. The victim may prove the discrimination by any means, provided that the means to find evidence are not unfair.
To prove discrimination, the victim will have to show that they were treated differently than another person was or would have been treated in a similar situation on the basis of a prohibited ground.
If the court thinks that the facts you have submitted give rise to a reasonable assumption that such violation has indeed occurred, it will conclude that you have been discriminated against unless your opponent (employer or service provider) can provide sufficient explanation for the way you have been treated. The burden of proof, that is the obligation to prove that actions are legal and justified, is then shifted to your opponent. This will usually mean that they have to show that the way in which you were treated was not different than the way others were treated, or in the case you were treated differently that such treatment had nothing to do with your characteristics (your sex, age, race, ethnic origin, religion or belief, disability etc.), or that there was a legitimate, objective and reasonable ground for differential treatment.
Compensation
The court may oblige your opponent to remedy the situation. It may order your opponent to cease the discrimination, reinstate you in your previous position or award you compensation. The compensation may include compensation for material (pecuniary) and moral (non-pecuniary) damages. The amount of compensation is be determined by the court.