Extract
[...] (Major) - The legal framework of discrimination Article L 222-2-9 of the Sports Code decides that "Throughout the execution of the fixed-term employment contract of a professional athlete, the sports association or the company mentioned in articles L. 122-2 and L. 122-12 that employs the athlete offers the athlete equivalent preparation and training conditions to those of other professional athletes employed by the association or company. The Penal Code provides in Article 225-1 that « Constitutes a discrimination any distinction made between physical persons on the basis of their origin, sex, family situation, pregnancy, of their physical appearance, of their particular vulnerability resulting from their economic situation, apparent or known to its author, of their surname, place of residence, state of health, loss of autonomy, disability, genetic characteristics, morals, sexual orientation, gender identity, age, political opinions, trade union activities » this which is also confirmed by the Labour Code in its articles 1131 and following. [...]
[...] (Question of law) - Exclusion and harassment Thus the question arises of the characterization of moral harassment in a sports environment by exclusion and the various events suffered by the player Charles. (Minor and solution) - Illustrative facts of the very definition of moral harassment In this case, Charles is the victim of several events such as being placed in the reserve group, having his jersey taken away, being excluded from the official group photo, and being prohibited from having lunch and using the professional players' locker room, despite having a professional contract for 4 seasons, all on the grounds of his weight. [...]
[...] Based on the jurisprudence and positive law, if the judge recognizes legitimate or legitimate discriminations, it is understood that the exclusion of player Charles from the reserve group, as well as the allocation of his jersey to another player, coupled with his removal from the official photo and his prohibition from dining with professional players while he has a professional contract, creates a break in equality with other professional athletes employed in terms of preparation and training conditions that must be equivalent. Thus, the exclusion of player Charles ignores Article L 222-29 of the Sports Code. III- To what extent is it possible to impose the respect of a weight in a professional athlete's employment contract? [...]
[...] This, completed by the Council of State on 28 March 2011 which declares null any clauses contrary to the regulations of sports federations or laws on the freedom of work. The Paris Court of Appeal, on 14 March 1989 (n°88-35597) affirmed that it was justified to fire a model who had gained weighther change in morphology making it impossible to exercise the essential missions of her employment contract due to the standard size of the clothes she will no longer be able to wear. [...]
[...] (Recap of the facts) - Characteristic elements of moral harassment To recall, our player, Charles, claims to be a victim of moral harassment following various events. After being placed in the reserve group, his belongings were removed from the professional players' locker room without him being notified. He was excluded from the official photo, was forbidden from dining with the other professional players, and finally, his jersey was assigned to another player. As a result, he considers himself a victim of moral harassment. [...]
