Even today, Youssef B. never utters the word “racism”. to evoke the standoff between him and his former employer. ” I never had the slightest inappropriate remark from my colleagues or my superiors, who declared themselves very satisfied with my work. », wishes to underline, twice, this former temporary worker of the Stäubli company on the site of Faverges, in Haute-Savoie.
However, Youssef B. was indeed excluded from a possibility of hiring on a permanent contract in this Swiss mechatronics company because of his origin, ruled the Court of Cassation in its stop of December 14, 2022. After three years of chained missions between 2016 and 2019, this temporary worker decides to apply for a permanent contract within the company.
Maintaining good relations with his colleagues and his boss, the candidate is confident about his chances of integrating into society. However, his candidacy was not accepted. ” The management of the company wished to favor applications from young employees, who have not yet had the opportunity to enter the world of work. “.
” I did not immediately think of possible racial discrimination »
In addition, the interview granted to him was mainly oriented on the shortcomings of his professional career more than on his successes, said the former temporary worker. ” I didn’t immediately think of possible racial discrimination. It was the company’s CGT union and its lawyer who alerted him to this subject. ” It took the insistence of the company’s staff representatives for Stäubli Faverges to start hiring North Africans from the beginning of the 2000s. », Underlines Loïc Miault, general secretary of the UGICT (General Union of Engineers, Managers and Technicians-CGT) union at Stäubli.
Knowingly, Youssef B. goes before the prud’hommes to ask for the reclassification of his employment contracts in CDI and obtains it, but the discriminatory reason is not retained. Racial discrimination in internal recruitment is recognized, on the other hand, by the Chambéry Court of Appeal, seized by the employer in 2021, then confirmed by the Court of Cassation. Contacted by The worldthe company declined to respond.
” The difficulty is to objectify the discrimination »
Accompanied by the UGICT-CGT Stäubli union on this case, Youssef B. used an original approach based on statistics, called the Clerc method. ” The difficulty is to objectify the discriminationcomments Loïc Miault. Obtaining the single personnel register is the sinews of war. But the data provided by the employer is often illegible. »
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