Equal treatment: a female employee may be provided with the pay slips of her male colleagues
The French Supreme Court recognizes that the right to evidence may warrant the disclosure of elements that violate privacy, provided that such disclosure is essential for the exercise of this right and that the violation is proportionate to the goal that is being pursued. It had already ruled that this is the case when the purpose of the disclosure of documents was to establish the existence of discrimination. It has applied this principle again, in a decision rendered on the 8th of March 2023, in the context of proving that there has been unequal treatment. In this case, the Court ruled that a female employee who claims to be a victim of unequal treatment with regards to her male colleagues may obtain, in the context of the court proceedings, the non-anonymized pay slips of male employees who occupy comparable positions.
Cass. soc., March 8th, 2023, n° 21-12.492, published
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