Daniel Nicolas v. Espelido Association
Plaintiff was hired as an educator and counselor at a halfway house. Days after he took his post, Plaintiff wrote a letter to his employer, l'Association Espelido, advising them that he would be exercising a right of retreat because of smoking taking place in public areas of the halfway house that, by law, should have been smoke free. In retaliation, Plaintiff's contract was not renewed, and Plaintiff was replaced with a different person for the same position. Plaintiff brought suit in the employment court of Nimes, seeking monetary damages for Defendant's retaliation against him. The court agreed that unlawful smoking in public areas of the house (such as the lobby and the cafeteria) gave rise to a sufficient risk to Plaintiff for him to cease going to work. The court further agreed that Defendant's hiring of a different person to replace Plaintiff at the end of his contract term was retaliatory and that Plaintiff should have been re-hired. Plaintiff was awarded 3,600 Euros in damages for Defendant's discriminatory acts.