The Social Chamber of the High Court of Justice of the Valencian Community has upheld a €25,000 fine against a Valencia catering company that required its female employees to wear a coif or headband. The court said the rule imposed the headwear exclusively on women for aesthetic or image-related reasons, amounting to direct discrimination based on sex.
The case began with a Labour Inspectorate report in January 2023. Inspectors found that the company had introduced the additional item in July 2022 as part of the uniform for female staff only, without a justified reason. The Valencian regional government’s Directorate-General for Labour, Welfare and Occupational Safety confirmed the infringement and imposed the fine.
The company challenged the decision, but Valencia’s Social Court No. 13 dismissed its claim and upheld the penalty. The lower court also noted that the company had sanctioned 18 employees for refusing to wear the headband at three gala events. The sanctions were later withdrawn, and the company told its works council that use of the item would be suspended for the time being.
The company then appealed to the regional high court, which rejected the appeal in a ruling issued on September 22. The judges found that the requirement applied only to women, with no comparable option for male staff and no objective, proportionate justification linked to a legitimate purpose.
The court said that the absence of discriminatory intent did not alter its conclusion that the difference in treatment was direct discrimination. Its ruling may be appealed to Spain’s Supreme Court for the unification of doctrine.
Sources: elDiario.es.