Clara Gandin

“indirect discrimination based on origin, and possibly on perceived religion”

Clara Gandin · said date not stated · reported 2026-10-13

Gandin added that the measure could constitute indirect discrimination based on origin and perceived religion.

“More specifically, a third party’s wishes cannot turn a protected characteristic into an occupational requirement,”

Clara Gandin · said date not stated · reported 2026-10-13

Gandin referenced a 2017 EU Court of Justice ruling adopted by France's highest court, noting a third party's wishes cannot make a protected characteristic an occupational requirement.

“Evidently, nationality is not a requirement for flying an aircraft. Air France also lets the same pilots and crew operate every other route, which demonstrates it does not regard them as a safety risk,”

Clara Gandin · said date not stated · reported 2026-10-13

Gandin argued nationality is not a flying requirement and that Air France's use of the same crew on other routes shows they are not seen as a safety risk.

“A proportionate response to a security concern relies on individual assessment, which French aviation security vetting already provides. It cannot rest on nationality alone,”

Clara Gandin · said date not stated · reported 2026-10-13

Gandin argued a proportionate security response requires individual assessment, not nationality-based screening alone.

“does not change the fact that the measure is discriminatory”

Clara Gandin · said date not stated · reported 2026-10-13

Gandin said Air France's state sovereignty argument does not change the fact that the measure is discriminatory.

“Article L1132-1 of the French Labour Code prohibits any discriminatory measure based on a person’s actual or perceived nationality, in particular regarding assignment, pay and discipline,”

Clara Gandin · said date not stated · reported 2026-10-13

Gandin cited the French Labour Code's prohibition of discriminatory measures based on nationality.

“The measure rests on a collective presumption which amounts to a discriminatory bias: Every national of these 31 countries, most of them Arab or Muslim-majority, is treated as a potential security threat,”

Clara Gandin · said date not stated · reported 2026-10-13

Gandin argued the Israeli directive rests on a collective presumption that amounts to discriminatory bias against nationals of 31 listed countries.

“Removing employees from certain flights because they hold Algerian, Tunisian, Iranian or another of Israel’s listed nationalities is therefore direct discrimination – even without loss of pay.”

Clara Gandin · said date not stated · reported 2026-10-13

Gandin argued that removing employees from certain flights based on listed nationalities constitutes direct discrimination even without loss of pay.

“Air France’s aim is commercial: keeping access to the Israeli market. But economic considerations cannot justify discrimination in the eyes of the law,”

Clara Gandin · said date not stated · reported 2026-10-13

Gandin said Air France's motivation is commercial and economic considerations cannot legally justify discrimination.