Cabin Crew vs. Pilots: No Equal Pay Since Their Work is Not of Equal Value

Case C-314/23, ,Sindicato de Tripulantes Auxiliares de Vuelo de Líneas Aéreas (STAVLA), Ministerio Fiscal v Air Nostrum and Others, Judgement of the CJEU of 4 October 2024

KEY TAKEAWAY: Employers must be able, now more than ever, to demonstrate objective reasons for discrepancy in pay between employees. The starting point is to determine the factors which give value to each job.

In case C-314/23, a Spanish airline, Air Nostrum, had different agreements for its cabin crew and pilots regarding daily subsistence allowances for work-related travel. The cabin crew, mostly women, received significantly lower allowances than the pilots, mostly men. The cabin crew’s union argued this was indirect sex discrimination.

The court reaffirmed that the concept of ‘pay’ under EU law is intended to have a broad scope, encompassing not only the wages or salary, but also any other form consideration, whether monetary or in kind.

The CJEU then clarified that a difference in pay is only discriminatory if the two groups are doing the same work or work of equal value. Since the work of pilots requires specific training and responsibilities, it cannot be considered of equal value to that of cabin crew.