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The French Courtroom of Cassation has ruled that an airline dress
code that allowed ladies cabin crew users but not adult males to dress in
their hair braided is discriminatory.
Qualifications
The Air France cabin crew dress code permitted girls who had
braided hair to put on it tied up in a chignon. This alternative was not
provided for adult males, who were demanded to use their hair neatly and no
extended than collar size.
An Air France steward who experienced braided hair that he wore tied up
in a chignon was disciplined, and in the end dismissed, for failing
to respect the dress code.
The steward thought his dismissal was discriminatory and
challenged it, claiming damages. His enchantment was rejected by a
tribunal, and then by the Courtroom of Appeal, which observed that Air
France’s brand impression necessary it to have a costume code and that
the distinction in the costume code between male and feminine
hairstyles was primarily based on social convention.
The Court docket of Cassation was then questioned to rule on regardless of whether a dress
code that restricted male employees’ independence to style their
hair was sex discrimination.
The Court of Cassation ruling
The Court docket stated that the Labour Code only authorises
dissimilarities in therapy that reflect necessary specialist
prerequisites. The employer’s goal in imposing them must be
reputable and what is needed of staff ought to be
proportionate.
Case law has also set up that the requires designed of workforce
need to be established objectively in the employee’s occupation and not
basically mirror the employer’s subjective needs.
The Court docket located that only letting females and not males to have
braided hair was a big difference in treatment only based mostly on the
employee’s intercourse. There was no objective motive similar to the
steward’s career for preventing him from getting braids. The Court docket
considered that a hairstyle was not aspect of Air France staff’s
uniform (it did not allow consumers to id members of air
crew).
The Court docket also held that social conference and the popular
notion of male and female appearance were being not an objective and
essential cause associated to the steward’s position that could
justify dealing with him in different ways on the foundation of his sexual intercourse.
As a result, the Court concluded that it was not attainable to
forbid men from obtaining a hairstyle that was authorised for
females.
The material of this post is supposed to supply a general
manual to the subject subject. Professional information should really be sought
about your precise situations.
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