France: great moments in discrimination law

Read deep enough into this very long New York Times report, and you learn that Air France has been stymied from dismissing some employees it suspects of Islamic radicalization because “individuals were often able to successfully challenge such dismissals in French labor courts”:

Guillaume Pepy, the head of SNCF, the French national railway operator, recently conceded that the country’s anti-terrorist services had alerted the company — which employs 50,000 people — to as many as 10 employees in the last year whom they suspected of having ties to Islamist groups. But rather than fire the employees and risk a costly discrimination suit, Mr. Pepy told a French radio in January that it was SNCF’s policy to ensure that the individuals were not allowed to be train drivers or signal operators or to hold other positions that could pose a security threat.

Other tensions in religious accommodation law:

…At certain bus depots, [a labor union official] said, some male employees wouldn’t take the wheel of a vehicle that had been previously driven by a woman.

“Rather than report the behavior to the authority’s human resource managers, Mr. Salmon said that supervisors simply adjusted the drivers’ schedules and routes to avoid handoffs between women and men. In one case, Mr. Salmon said, a woman who lived within walking distance of her depot asked to be transferred to a job across town rather than stay and continue to endure the harassment….

It’s precisely the employees managers are afraid of who may fare best in winning accommodation:

Paradoxically, [the director of a research institute] said, it is often the employees most open to dialogue who are the first to be pressed to adapt their religious practices, while more troubling behavior is sometimes allowed to continue unchallenged for fear of escalating the problem.

“Radical people make some managers nervous, and so they leave them alone,” Mr. Honoré said.

4 Comments

  • “. . .some male employees wouldn’t take the wheel of a vehicle that had been previously driven by a woman.” Hah hah. That’s funny. It reminds me of being in the third grade and we were all afraid of getting girl cooties, whatever those are.

  • In France, it would seem the only way decent people can get fair consideration is by rioting more dangerously than the vicious and aggressive people.

  • ” supervisors simply adjusted the drivers’ schedules and routes to avoid handoffs between women and men.”

    In America, per the RFRA, this is the intended outcome.

  • There are a number of very dangerous industrial facilities that I can think of which are vurnerable to insiders who want to cause harm. An I&C tech with a small screwdriver can do a lot of damage (intended or unintended) in a very short period of time. The airlines now have at least two examples of nutters in control who have deliberately crashed commercial airplanes. We are going to have to face it squarely, at some point.