In a judgment dated March 27th, 2025, the deciding judge of the Paris Labor Court ruled that the conductor driver's dismissal was discriminatory.

The deciding judge ordered RATP to pay the conductor driver €10,000 in damages for discrimination based on health.

She ordered the conductor driver's reinstatement within RATP.

RATP was ordered to pay the driver €3,500 under Article 700 of the Labor Code.

RATP and the conductor driver will appeal the Paris Labor Court's judgment (decision).

The Council, chaired by the tie-breaking judge, ruling after the opinion of the Counselor, presents, publicly, by contradictory judgment, rendered at first instance and made available at the registry:

DECLARES the reform to which Mr. X was subjected to nullity;

ORDERS RATP to pay Mr. X the sum of €10,000 (net) in damages for discrimination based on health status, with interest at the statutory rate from the date of this decision;

ORDERS the reinstatement of Mr. X within the RATP workforce as of the date of the termination of his employment contract, in the position he held prior to the termination, and under the statutory and salary conditions relating to that position, with advancement in salary scale and position due over the period of dismissal;

STATES that this reinstatement is effective as of the date of this decision, and that the salaries are due from that date; STATES that RATP must reassign Mr. X in accordance with Articles 97 to 107 of the RATP Staff Regulations;

DISMISSES Mr. X's remaining claims;

STATES that RATP must provide Mr. X with a summary pay slip, a work certificate, and a certificate for the France Travail organization, in accordance with this decision, within one month of this decision;

ORDERS RATP to pay Mr. X the sum of €3,500, pursuant to Article 700 of the Code of Civil Procedure;

DISMISSES the remaining claims;

ORDERS RATP to pay all the costs of the proceedings;

ORDERS, as appropriate, that RATP reimburse the organizations concerned for all or part of the unemployment benefits paid to the dismissed employee, from the date of his dismissal to the date of judgment, up to a maximum of six months of unemployment benefits; STATES that a copy of this judgment will be forwarded to France Travail, in accordance with Articles R.1235-1 and R.1235-2 of the French Labor Code;

ORDERS the provisional enforcement of this decision.

To read the full brief, click on the link below

https://www.legavox.fr/blog/frederic-chhum-avocats/transport-discrimination-fondee-etat-sante-37274.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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