On the menu of the Prud’hommes council on Wednesday, September 9 in the afternoon, discrimination and harassment.
For Maître Mélanie Guesdon, that’s for sure. His client was discriminated against « because of his sexual orientation ». She seeks to assert the abusive termination of her trial period, December 12, 2017. To Saint-Etienne-du-Rouvray within the Sitel France company, specializing in “customer experience”, he would have been the target « constant teasing of his appearance », as two of his former colleagues attest. « I’m sure he got fired because he’s gay », writes his tutor, who has six years of experience in the company. According to the man, this does « wouldn’t be the first time this has happened ». « He is homosexual and that is a problem », summarizes his lawyer.
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Outgoing behavior
The reasons for his dismissal have also changed over time: the company initially mentioned a ” overstaffed », But he was immediately replaced. It is then his ” extroverted behavior »Which was highlighted, « what sticks with this homosexual side that one reproaches him », notes the lawyer. And finally, « insufficient results ». However, in the tests that the call-center takes to train its employees, it obtained a score of 11/20 and others, who did not have the average, were kept. The opposing party, Me Constance Challe is working hard. Your aggressive tone and rapid voice flow, she starts out loud: « Since the Macron orders, discrimination is fashionable in labor courts, it’s cream pie. This file is nothing! “. The complainant’s requests? « Totally whimsical ! He claims 18 882 €, or fifteen months of salary, when he only made one ! » The company’s human resources department, which has 700 employees worldwide, « has other things to do than take an interest in the privacy of its employees », pleads the lawyer. It then attacks the two statements from the complainant’s former colleagues: « corridor noises, hypotheses », coming from two people « who were subsequently dismissed for serious misconduct ».
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Prosecutions for harassment
These testimonies are at the heart of his pleading: the evidence is essential. For the following case, Me Sophie Segond, counsel for the company Eta France, which manufactures electrical cabinets in Saint-Etienne-du-Rouvray, can hardly contest the testimony of the opposing party. The complainant sued the company for harassment. From occupational medicine to hospital, three doctors attest to a « depressive state reacting to harassment and humiliation ». In this company where there was “rififi”, following the dismissal of the general manager for serious misconduct in 2018, this executive assistant, weakened by breast cancer, experienced a « slow tumble into total annihilation », according to his lawyer, Me Diego Castioni. To counter this « breathtaking apocalyptic vision », Me Segond moves away from the field of emotion. It is her skills that are the problem: she has not mastered the new software implemented for several months. And despite a warning letter highlighting her poor performance, she who « never complained to anyone in the company », would not have known how to question himself.
The judges retire. Decisions on December 10, 2020.
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« Macron orders » : they date from September 22, 2017 and upset labor law on four sides : collective bargaining, the signing of agreements in smaller companies, the merger of staff representative institutions (IRP) and the termination of the employment contract.
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