2) On the constitution of the comparison panel
The difference in evolution of the curves will thus make it possible to make discrimination visible from the appearance of the ground of discrimination in the contractual relationship, discrimination being qualified by the difference between the level of remuneration and the positioning of non-discriminated employees. (point B) and that of the discriminated employee (point C), as well as the stagnation of the curve from the discriminating event (point A).
Also, a triangle between the ABC points will appear on the graph, the area of which represents the loss of wages for the entire period.
However, it should be noted that this triangulation method is limited to the demonstration of discrimination on wages or conventional positioning, but is ineffective in accounting for punctual discriminatory actions by the employer against the employee.
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Frédéric CHHUM avocat et membre du conseil de l’ordre des avocats de Paris
Mathilde Mermet-Guyennet avocat
CHHUM AVOCATS (Paris, Nantes, Lille)
.Paris: 4 rue Bayard 75008 Paris tel: 0142560300
.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644
.Lille: 25, rue Gounod 59000 Lille tel: 0320135083