The Angers industrial tribunal will deliver its judgment this Monday, June 24, in the case between Syntia Dersoir and the manager of her restaurant whom she accuses of discrimination and harassment.
A trial for “discrimination linked to gender identity” and “moral harassment”. This Monday, June 24, the industrial tribunal of Angers will deliver its judgment in the case between an employee of a McDonald’s in Maine-et-Loire and her employer. Recruited in September 2022 by the fast-food restaurant under its male identity, Syntia accuses its managers of transphobia.
According to the complainant, her employer refused to use her feminine first name and criticized her for wearing too much makeup. At the time, the young woman was in gender transition, but still a man for civil status, which is no longer the case today. A judgment was the subject of a hearing on April 15 in Angers and was reserved for Monday June 24.
“a reframing interview”
At the beginning of January 2023, late after a medical appointment, she decided to go directly to work with feminine clothes, fake breasts and makeup, explaining that she felt a certain “benevolence” from her company and from colleagues.
A few weeks later, the young woman was called to “a reframing interview” during which she was called by her male first name and asked to no longer wear makeup, said her lawyer, Maître Gwénola Vaubois. “We ask him to tone down his make-up, not to remove it”, under internal regulations which prescribe “for everyone” a “light and discreet make-up”, reacted the restaurant’s lawyer, Maître Pascal Landais.
30,000 euros in damages
In the days that followed, Syntia managers did everything to prevent the use of her new female first name, banning it by posting in the restaurant and calling to order in writing two colleagues who had adopted it. According to his defense, the employer will even invoke a law of 1794 which would never have been repealed.
Refusing to remove her makeup, Syntia will no longer be allowed to return to her workstation. She has been on sick leave since March 2023 and was the subject of a warning from her managers which has since been lifted.
The young woman is demanding the termination of her employment contract, a total of 30,000 euros in damages as well as compensation for eight months of work stoppage which were not covered by Social Security (a little less than 20,000 euros).
For its part, the restaurant pleads “awkward reactions but not discrimination or harassment”, rejecting all requests. Syntia also contacted the labor inspectorate and filed a criminal complaint.
