91998E1308

WRITTEN QUESTION P-1308/98

by Freddy Blak (PSE) to the Commission

(24 April 1998)

Subject: Make-up requirement for female employees

Maersk Air, a Danish-owned airline, has issued regulations on uniform which state that female employees must always wear make-up.

Special mention is made of lipstick, mascara and eye shadow. But the employer also warns against failure to use foundation, powder and rouge. Not only do female employees have to spend money on make-up, they are also exposed to a considerable risk of allergy and to daily inconveniences because the air in planes is very dry.

FTF, the trade union which represents men and women employed as cabin attendants by Maersk Air, has brought the matter before the court of justice in Denmark. A hearing is scheduled for 12 June 1998.

1. What is the Commission's reaction to a make-up requirement as part of the working conditions for women?

2. Does it not think that it conflicts with the EU directive on equal treatment?

Answer given by Mr Flynn on behalf of the Commission

(11 June 1998)

The Commission firstly notes that the union representing Maersk Air crew members has referred the obligation to wear make-up imposed on the airline's female employees to the relevant courts.

As a rule, the Commission does not comment on disputes brought before national courts. The Commission therefore considers that it is not for it to answer the first part of the Honourable Member's question. On the second part, the Commission considers that it is for the court hearing the case to determine whether the obligation to wear make-up falls within the scope of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(1) and, if soe, whether this obligation creates direct or indirect discrimination against female employees. In case of doubt, this court may stay the proceedings and submit one or more requests for a preliminary ruling to the European Court of Justice.

(1) OJ L 39, 14.2.1976.