In an unpublished judgment of February 15th, 2023 (n°21-15.033), the Court of Cassation recalls the office of the judge in the case of summary proceedings 145 following alleged discrimination by a journalist from France 24 linked to his cultural and ethnic origins.

The applicable evidentiary mechanism only requires the employee to present factual elements suggesting the existence of discrimination in view of which it is up to the employer to prove that his decision is justified by objective elements unrelated to it. .

It is up to the judge seized of a request for the communication of documents on the basis of article 145 of the Code of Civil Procedure, first, to ascertain whether this communication is not necessary for the exercise of the right to evidence. of the alleged discrimination and proportionate to the aim pursued and if there is thus a legitimate reason to preserve or establish before any trial the proof of facts on which the resolution of a dispute could depend, then, if the elements whose communication is requested are likely to affect the personal life of other employees, to verify which measures are essential for the exercise of the right to evidence and proportionate to the aim pursued, if necessary by confining the scope of the production of the requested documents.

This is what the Court of Cassation says.

To read the full article, click on the link below,45573.html?utm_source=partage_reseaux

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

CHHUM AVOCATS (Paris, Nantes, Lille)


.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300

.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644

.Lille: : 45, Rue Saint Etienne 59000 Lille – Ligne directe +(33)