Dénoncer en justice les discriminations syndicales : contribution à une sociologie des appuis conventionnels de l’action judiciaire

Abstract

This article examines the rise in court cases relating to discrimination against trade union workers in France since the late 1990s. It seeks to identify sources of support for victims of discrimination to help them file complaints before the Courts. The judicialization of union-related discrimination cases was made possible by a new discourse that links the recognition of individual merit and the common cause of re-unionization. The development of a special method of proof and the specialization of certain union actors and lawyers have helped make legal action against discrimination routine. But the historical roots of this strategy raise the question of how it can be applied to workers in secondary labor markets, particularly precarious workers.