Discrimination claim dismissed; employer's refusal based on job suitability, not gender, precludes damages under tort law.

The Supreme Court dismissed the plaintiff's cassation appeal against a labor office's refusal to hire her as a messenger. The court found the employer's decision was based on the plaintiff's lack of suitability for the specific duties, not her gender, and noted she had previously failed to start her own business. Consequently, the court held that without proof of discriminatory intent, no liability exists under tort law for the failed pre-contractual negotiations.