Paper's abstract

Christophe Willmann, Obtaining a Job: Between Discrimination and Equal Treatment
Letting recipients of social minima, jobless and other outcasts of the job market getting a job puts the French lawmaker in a paradoxical position. The exceptional contracts of employment he enacts with employment policies in view rest on a discriminative logic, because it is selective and aiming at a precise target. Because it is labelled "positive", this discrimination meets with some consensus but at the same time, these helped contracts put the persons concerned in a sometimes-unequal position, not to say discriminatory, towards employees governed by the general rule. The case law brought out by the Conseil constitutionnel has, until now, confirmed this arbitration of the lawmaker between labour law and equal treatment, unlike the case law of the Cour de cassation and unlike the solutions adopted by European law.

Key Words : labor law, discrimination
t. 51, 2008 : p. 159-177

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