"Moral Harassment and Discrimination in Employment: A Professional Athlete's Case Study"
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Moral harassment, discrimination, abusive dismissal, labor law, workplace harassment, employment discrimination, professional handball, salary disputes, EU law, obesity as disability, non-discrimination principle, Labour Code, Penal Code, employment contract, transfer, promotion, salary determination, professional training, reclassification, working hours, criminal liability, damages and interest, workplace prevention, employer obligations, irregular dismissal procedure, prior interview of dismissal, handball player rights, workplace dignity, mental health, physical health, athletic abilities, weight gain, drunken outings, reserve team transfer, repeated acts, penal qualification, working conditions deterioration, EU Court of Justice, Article L1132-1, Article L1152-6, Article 121-2 Penal Code, Articles 225-1 to 225-4 Penal Code, Articles R1232-1 to R1232-3 Labour Code, Articles L1232-2 to L1232-5 Labour Code
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Abstract
Discover how a professional handball club's actions against its star player, Charles, constitute moral harassment, discrimination, and abusive dismissal. Learn about the legal implications and potential sanctions the club may face for its treatment of Charles, including repeated acts that isolated him from the team, affected his dignity, and degraded his mental and physical health. Understand the legal framework surrounding moral harassment and discrimination in the workplace, including the employer's obligation to prevent such acts and the consequences of failing to do so. Explore the possibility of Charles seeking damages and interest for the club's inaction and irregular dismissal procedure.
Extract
[...] In a ruling of January the social chamber (n°10-28.213) recognizes discrimination based on physical appearance. The Court of Justice of the EU in a ruling dated December admits that the obesity of a worker can constitute a disability and specifies that EU law does not recognize a general principle of non-discrimination based on obesity, however Article L1132-1 of the Labour Code consecrates discrimination based on physical appearance or state of health. In this case, Charles was transferred to the reserve handball team, he was refused access to the parking, lost the possibility of eating with the other handball players and his jersey number was reattributed. [...]
[...] In this case, the authors of Charles's moral harassment are not clearly identified and the employer may himself be responsible for these facts. The employer should have taken necessary measures to put an end to the moral harassment suffered by Charles and Charles can therefore ask him for damages and interest for his inaction. II. The discriminatory attitude of the club towards the player In law, discriminations are sanctioned in the context of the hiring of an employee but also throughout his contract and during his transfer by Article L1132-1 of the Labour Code and Articles 225-1 to 225-4 of the Penal Code. [...]
[...] Thus, the facts appear to constitute situations of moral harassment discrimination and an unjustified dismissal (III). I. The facts constituting the moral harassment offense of the club against the player In this case, Charles thinks he is a victim of moral harassment by his club. In law, moral harassment is a crime provided for by Articles L1152-1 to L1152-6 of the Labour Code when this offense is committed in the private sector. A. The constitutive elements of the moral harassment offense in labor law 1. [...]
[...] Charles has been subjected to discriminations since he was fired due to his weight and also due to his festive activities which are related to his morals. B. The sanctions incurred by the club and their repercussions on Charles's situation In law, the victim of discrimination can file a complaint and bring the perpetrator of the discrimination to criminal liability, whether it is a physical person or a legal person (Article 121-2 of the Penal Code). In this case, the club has discriminated against Charles by firing him. As a result, the club may see its criminal liability engaged for the discrimination perpetrated against Charles. III. [...]
[...] Its procedural obligations are recalled by the Social Chamber of the Court of Cassation in a judgment of 20 February 2019 (n°17-18.912). In this case, Charles was dismissed without receiving a summons to a prior interview of dismissal. In consequence, Charles' dismissal is irregular, so it can be contested. In conclusion, Charles can take legal action against his handball club and obtain compensation for: - The moral harassment and discriminations he was a victim of - His irregular dismissal in order to obtain readmission to the professional team. [...]
