a legal breakthrough to prove the wage inequalities of which women are victims

The case takes place in the middle of finance. The strategy and projects director of the Exane group, appointed to her position in January 2017 after having served as chief operating officer in a subsidiary of the group, was dismissed two years later. But she does not intend to stop there. She believes that she suffered wage discrimination compared to her male counterparts in the group. She seizes the industrial tribunal in summary proceedings and she asks that, to prove the inequalities of which she is a victim, the pay slips of her colleagues are shown.

The case will go on appeal and then finally be decided by the Court of Cassation (link to a PDF document) on March 8, because the group and its subsidiary refuse to produce these pay slips. They believe that this is an invasion of the privacy of the employees in question which is not proportionate to the aim pursued. They believe that if the dismissed employee wants to prove unequal pay, she has other means, such as the gender equality index in the group, which leaves something to be desired.

An invasion of personal life proportionate to the aim pursued

The Exane group also protects itself from the General Data Protection Regulations (GDPR), saying that producing the pay slips requested would not be compliant. This will not be the opinion of the Court of Cassation because the judges, as reported by the agency AEF (link reserved for subscribers) will consider that the complainant is entitled to have an impartial judgment. This requires that the payslips of his male colleagues be produced and, this is very important, that these payslips are not anonymised. Even if it interferes with the personal life of those concerned, it is essential to the exercise of the right of evidence and it is well proportionate to the aim pursued.

The Court of Cassation therefore considers it normal that the pay slips of eight employees occupying positions of a level comparable to that of the complainant in her managerial, commercial or market functions are produced, under penalty. On these payslips must clearly appear the surnames and first names, the monthly remuneration and the total remuneration over the year.