Employers Cannot Prevent Men Having A Hairstyle Allowed For Women – Employee Rights/ Labour Relations

Gerard Ortiz

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The French Courtroom of Cassation has ruled that an airline dress&#13
code that allowed ladies cabin crew users but not adult males to dress in&#13
their hair braided is discriminatory.


The Air France cabin crew dress code permitted girls who had&#13
braided hair to put on it tied up in a chignon. This alternative was not&#13
provided for adult males, who were demanded to use their hair neatly and no&#13
extended than collar size.

An Air France steward who experienced braided hair that he wore tied up&#13
in a chignon was disciplined, and in the end dismissed, for failing&#13
to respect the dress code.

The steward thought his dismissal was discriminatory and&#13
challenged it, claiming damages. His enchantment was rejected by a&#13
tribunal, and then by the Courtroom of Appeal, which observed that Air&#13
France’s brand impression necessary it to have a costume code and that&#13
the distinction in the costume code between male and feminine&#13
hairstyles was primarily based on social convention.

The Court docket of Cassation was then questioned to rule on regardless of whether a dress&#13
code that restricted male employees’ independence to style their&#13
hair was sex discrimination.

The Court of Cassation ruling

The Court docket stated that the Labour Code only authorises&#13
dissimilarities in therapy that reflect necessary specialist&#13
prerequisites. The employer’s goal in imposing them must be&#13
reputable and what is needed of staff ought to be&#13

Case law has also set up that the requires designed of workforce&#13
need to be established objectively in the employee’s occupation and not&#13
basically mirror the employer’s subjective needs.

The Court docket located that only letting females and not males to have&#13
braided hair was a big difference in treatment only based mostly on the&#13
employee’s intercourse. There was no objective motive similar to the&#13
steward’s career for preventing him from getting braids. The Court docket&#13
considered that a hairstyle was not aspect of Air France staff’s&#13
uniform (it did not allow consumers to id members of air&#13

The Court docket also held that social conference and the popular&#13
notion of male and female appearance were being not an objective and&#13
essential cause associated to the steward’s position that could&#13
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&#13
forbid men from obtaining a hairstyle that was authorised for&#13

The material of this post is supposed to supply a general&#13
manual to the subject subject. Professional information should really be sought&#13
about your precise situations.

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