Her employer refused to use her feminine first name and criticized her for wearing too much makeup: a young trans woman who worked in a McDonald’s franchise restaurant asked the Angers industrial tribunal on Monday to recognize that she had been a victim of “gender discrimination” and harassment.
It was as a man, and under the masculine first name given to her at birth, that Syntia was hired in September 2022 by this McDonald’s, located around forty kilometers from Angers. She was in gender transition at the time but still a man for civil status, which is no longer the case today.
A “reframing interview” in January 2023
At the beginning of January 2023, late after a medical appointment, she decided to go directly to work with women’s clothes, fake breasts and makeup, explaining that she felt a certain “kindness” from her company and from colleagues.
But very quickly, Syntia said she was the target of comments and pressure. At the end of January 2023, she was summoned to “a reframing interview” during which she was called by her male first name and asked to no longer wear makeup, her lawyer, Me Gwénola Vaubois, declared at the hearing.
A forbidden first name
“We ask him to reduce his makeup, not to remove it,” under internal regulations which prescribe “light and discreet makeup for everyone,” reacted the restaurant’s lawyer, Me Pascal. Landais.
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 According to Me Vaubois, the employer will even invoke a law from 1794 which would never have been repealed.
The labor inspectorate was contacted
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 employer which has since been lifted.
The 21-year-old 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 just under 20,000 euros).
“There may have been clumsy reactions but no discrimination or harassment,” argued Mr. Landais, rejecting all requests. The industrial tribunal must deliver its judgment on June 24. Syntia also contacted the labor inspectorate and filed a criminal complaint.