Obligation to wear a service cap. BAG 30.09.2014 - 1 AZR 1083/12

The plaintiff is a pilot with the defendant airline. The collective agreement stipulates the application of the principle of equal treatment under works constitution law. According to a company agreement on uniforms, cockpit personnel are obliged to wear a uniform during flight operations. For male pilots, this includes a "cockpit cap". This must be worn in publicly accessible airport areas. For female pilots, the "cockpit cap" is not part of the uniform, so they are free to decide whether to wear it.

The plaintiff was of the opinion that the different design was ineffective. The defendant justified the different handling by stating that it corresponded to the classic pilot image and the hairstyle of female cockpit members. The plaintiff brought an action for a declaration that he was not obliged to wear a "cockpit cap". His claim was successful before the BAG. The BAG was of the opinion that the employer and works council can regulate the wearing of a uniform uniform in a works agreement. However, if the uniform is designed to be gender-specific, it must be objectively justified in accordance with the principle of equal treatment under works constitution law. However, there was no objective justification in the present case. The purpose of the uniform uniform is to make the cockpit personnel recognizable to the public as prominent representatives of the defendant airline. Measured against this regulatory purpose, different treatment is not justified.