Yes.
Unequal pay for men and women may be acceptable if the employer establishes that it is based on objective and non-discriminatory factors.
In France, the Court of Cassation (judgment of 21 January 2009, No 07-43.452, Bull. civ. V.) held “that there can be no differences in treatment between employees of different establishments of the same company carrying out equal work or work of equal value, unless they are based on objective reasons, the reality and relevance of which the judge must verify specifically”.
According to that decision of the Court of Cassation, a real and relevant objective reason justifying a difference in remuneration is represented by the difference in the cost of living between two cities in which the employees of two separate establishments of the same company are located.
Wage differences are therefore always possible when they are based on real and relevant objective factors, in particular according to criteria such as, for example, seniority, level of qualifications or even individual productivity.
According to case law (Cass. soc. 8 November 2005, No 03-46.080), the quality of work can justify a difference in remuneration. However, it is important that the quality of the work performed can be verified on the basis of objective factors.