Air France has indeed shown discrimination by prohibiting one of its stewards from wearing afro braids, a hairstyle also authorized for flight attendants, considered the Court of Cassation.

"The requirements linked to the exercise of the profession of steward do not justify prohibiting" such a hairstyle and, by authorizing it for women but not for men, the airline has indeed committed a "difference in treatment" discriminatory, ruled the highest French court in a decision rendered on Wednesday.

Hired in 1998 by Air France, the steward wore since 2005 “African braids tied in a bun”.

The company then refused to board him “on the grounds that such a hairstyle was not authorized by the manual (…) for male cabin crew”.

The employee wore a wig for several years to be able to perform his duties, before seizing the industrial tribunal in 2012 for discrimination.

Air France suspended him a few months later for "presentation not in accordance with the rules for wearing a uniform".

The steward was then declared "definitely unfit" in 2016 due to a depression recognized as an occupational disease, then dismissed in 2018, having refused a reclassification as ground staff.

“How to style your hair is neither part of the uniform nor its extension”

After a refusal to the industrial tribunal, the Paris Court of Appeal in turn rejected, in November 2019, his claims for damages for discrimination, moral harassment and disloyalty, back pay and nullity of his dismissal.

To rule out discrimination on grounds of sex, the Court of Appeal invoked an "admitted difference in appearance (...) between men and women in terms of clothing, hairstyle, shoes and make-up" and considered that such difference “which takes up the codes in use cannot be qualified as discrimination”.



But the Court of Cassation recalls that the labor code only authorizes differences in treatment between employees if they meet "essential and determining professional requirements", which is not the case in this case.

She emphasizes in particular that "the way of doing one's hair is neither part of the uniform nor its extension" and that the "social codes" invoked by the Court of Appeal "are not objective criteria which justify a difference in treatment between men and women.

Economy

Company: Discrimination in hiring more present than ever in the labor market

Company

Origin, sex, religion… Why has the feeling of discrimination increased in France?

  • Discrimination

  • Air France

  • Court of Cassation

  • Hairdressing

  • Airline company

  • Justice

  • Labor Code