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About Case Law

Case Law

Supreme court (social chamber)
Legal provision Directive 2000/78/EC, Directive 2000/43/EC
Area Employment & training
Topic Reversal of burden of proof
Employment , France , Discrimination .
Key facts of the case:

A retired employee of the Banque internationale arabe alleged that she had suffered discrimination because her career advancement was less than that of colleagues of a similar staff grade with similar years of service.

Main reasoning/argumentation:

The mere existence of an allegation of discrimination by itself is not sufficient for a presumption of discrimination to arise. Concrete evidence must be adduced to support that colleagues in a comparable position experienced greater career advancement.

Key issues (concepts, interpretations)
clarified by the case:

The principle of the reversal of burden of proof for discrimination cases was confirmed. However, it is necessary for concrete evidence beyond a mere allegation to be adduced in order for the presumption of discrimination to arise.

Results (sanctions) and key consequences
or implications of the case:

The claimant’s application was unsuccessful.