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    Failure to reinstate an employee upon her return from parental leave in her initial position or a similar position with equivalent remuneration can constitute indirect gender discrimination.


Claire Toumieux

Susan Ekrami
Claire Toumieux and Susan Ekrami are a partner and a senior associate with Allen & Overy LLP in Paris, www.allenovery.com.

    A mobility clause must be sufficiently precise, but this condition can still be fulfilled even if the clause tries to cover both current and possible future locations of the company, provided any future locations are still within France and provided any change of location is justified by the needs of the business.


Claire Toumieux
Claire Toumieux is a partner with Allen & Overy LLP in Paris, www.allenovery.com.

Susan Ekrami
Susan Ekrami is a senior associate with Allen & Overy LLP in Paris, www.allenovery.com.
Case Reports

2017/31 Lawful positive discrimination in favour of women (FR)

Journal European Employment Law Cases, Issue 3 2017
Keywords Discrimination (other), Positive discrimination
Authors Claire Toumieux and Susan Ekrami
AbstractAuthor's information

    Company agreement provisions granting a half-day of leave to female employees on International Women’s Day constitute lawful positive discrimination in favour of women.


Claire Toumieux
Claire Toumieux is a partner with Allen & Overy LLP in Paris (www.allenovery.com).

Susan Ekrami
Susan Ekrami is a senior associate with Allen & Overy LLP in Paris (www.allenovery.com).

    A pregnant employee with no valid work permit in France does not benefit from protective legal provisions forbidding or restraining her termination.


Claire Toumieux

Susan Ekrami
Claire Toumieux and Susan Ekrami are a partner and associate with Allen & Overy LLP in Paris, www.allenovery.com.
Case Reports

2016/57 No compensation for an invalid non-compete clause where no harm shown (FR)

Journal European Employment Law Cases, Issue 4 2016
Keywords Non-compete, Damage compensation
Authors Claire Toumieux and Susan Ekrami
AbstractAuthor's information

    An employee who could not prove any harm resulting from an invalid non-compete clause in his employment contract could not obtain damages.


Claire Toumieux
Claire Toumieux and Susan Ekrami are a partner and associate with Allen & Overy LLP in Paris, www.allenovery.com.

Susan Ekrami

    The French state was held liable by the Administrative Court of Clermont-Ferrand for failing to transpose Article 7§1 of EU Directive 2003/88/EC on working time.


Claire Toumieux
Claire Toumieux and Susan Ekrami are a partner and associate with Allen & Overy LLP in Paris, www.allenovery.com.

Susan Ekrami
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