Decision of the Rights Defender n ° 2018-104 of April 5, 2018 (pdf attached): the employee suffered discriminatory harassment based on her state of health

The Defender of Rights states that: "The evidence gathered during the investigation makes it possible to consider that Mrs. Y did not benefit from the actual adjustments of her job, that she consequently suffers from discriminatory harassment (harcèlement discriminatoire) and that her dismissal for a clearly disproportionate reason for refusing an internship (stage) to a candidate, must be analysed in this context as a discriminatory eviction ".

"On the other hand , it appears that Re: sources did not react to the warnings that Mrs. Y issued on the deterioration of her state of health (état de santé) and finally, that Mrs. Y was marginalized in a stigmatizing work environment for employees whose state of health is weakened, in that it is perceived as a less professional investment. »(...)

"Mrs. Y was subjected to discriminatory harassment because of her state of health, since the lack of development of her position created a professional environment that had the effect of to undermine her dignity and to create, to her detriment, an intimidating, hostile, degrading and humiliating environment ".

To read all the article, please click on the link below.

Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)

. Paris : 4 rue Bayard 75008 Paris - Tel: 01 42 56 03 00 ou 01 42 89 24 48
. Nantes : 41, Quai de la Fosse 44000 Nantes -  Tel: 02 28 44 26 44

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