French labour law - Discriminatory harassment and wage discrimination (bank): a bank ordered to pay a staff representative 45,000 euros (Paris Court of Appeal 27th/03/24)

The employee is awarded 30,000 euros for economic damages resulting from the discrimination.

He is awarded 10,000 euros for moral damages resulting from the discrimination and 5,000 euros in damages for discriminatory harassment.

2.1) On claims for union discrimination

Defined in Article L. 2141-5 of the French Labor Code, union discrimination is the fact that the employer takes into consideration membership in a union or the exercise of union activity to make decisions in matters such as recruitment, conduct and distribution of work, professional training, advancement, remuneration and granting of social benefits, disciplinary measures and termination of the employment contract.

In accordance with Article L. 1134-1 of this code, it is initially up to the union employee who claims to be a victim of discrimination to submit to the judge the factual elements likely to characterize an infringement of the principle of equal treatment and then, secondly, for the employer to establish that the disparity in situation observed is justified by objective criteria, unrelated to any discrimination based on membership of a union.

Mr. X states that since his election in June 2013, he has suffered union discrimination, in the form of individual increases being granted at a lower rate than other employees, the stagnation of his variable remuneration, and the absence of promotion to a higher hierarchical level. - He claims that between 2013 and 2023 his salary increased by only 19.50%, whereas it had increased by 30% between 2006 and 2012.

It is clear from the documents produced that between 2006 and 2013, Mr. X’s remuneration increased from 47,826 euros to 62,273 euros, an increase of 30.2% in total, or an increase of 4.3% per year. Between 2013 and 2023, Mr. X’s annual fixed remuneration increased from 62,273 euros to 74,400 euros, a total increase of 19.47%, or an annual increase of 1.9%.

However, the Court notes that the observed slowdown did not actually begin with the election of Mr. X, since between 2010 and 2013, his salary had only increased by 1.91%, or 0.6% per year. Thus, the decline in remuneration levels had been significantly more pronounced in the years preceding Mr. X's election than in the years following it. - Mr. X also maintains that his remuneration level is lower than that of employees in level J to which he belongs. However, the Court notes that while at the time of his election, his remuneration level was 7.5% lower than that of employees in his category, it has continued to increase in proportion to this category, ending up in 2023 at almost 3.9% higher than his category. Thus, during his term of office, his remuneration level within his category has increased very substantially, which clearly cannot constitute discrimination. - Mr X also relies on the fact that on a classification scale from B to K, he has been at level J since 2006, and that his employer has never given him level K.

However, the move from one level to another does not depend on seniority, but on the duties actually performed by the employee. It is therefore in vain for him to claim the average seniority of employees at level K, since he does not claim, and even less does he justify, that the duties he performed within the bank corresponded to this level of responsibility.

To read the full brief, click on the link below:

https://www.legavox.fr/blog/frederic-chhum-avocats/discrimination-salariale-banque-representant-personnel-36062.htm

Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)

CHHUM AVOCATS (Paris, Nantes, Lille)

e-mail: chhum@chhum-avocats.com

www.chhum-avocats.fr

https://www.instagram.com/fredericchhum/?hl=fr

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