France's Cour de cassation has ruled that discriminatory acts before the 2016 law can be examined in class actions if their effects continue afterward. The decision overturns a Paris appeals court ruling dismissing a CGT class action against Safran Aircraft Engines. It may lead to more such cases on union discrimination.
On November 5, the social chamber of France's Cour de cassation issued a key ruling by quashing a Paris appeals court decision. The lower court had rejected a class action filed by the Confédération générale du travail (CGT) against Safran Aircraft Engines, dismissing union discrimination facts before 2016. The high court held that such facts must be considered if they continue to have effects after the 2016 law on modernizing justice in the 21st century took effect.
The case dates back to 2017, when the CGT's Fédération des travailleurs de la métallurgie notified Safran of its intent to pursue a class action. The union accused the company of structural discrimination against its elected officials, including limited career progression, stalled pay, and blocked hierarchical advancement. In 2018, the federation filed the suit with the confederation's support.
The Défenseure des droits submitted observations highlighting a « systemic and collective » discrimination. This Cour de cassation decision could spur more class actions on workplace discrimination, bolstering collective remedies for affected employees.