The Social Court number 4 of Las Palmas de Gran Canaria has issued a ruling declaring indirect gender-based discrimination in the height requirement applied by Guaguas Municipales for its drivers. The decision invalidates the public transport company's action, mandates the immediate cessation of this practice, and awards 10,000 euros in compensation to the applicant who filed the lawsuit.
The case originated from a selection process announced by Guaguas Municipales in July 2024, aiming to establish a talent pool of up to 200 candidates to cover temporary needs during 2024 and 2025.
The plaintiff, who stands 1.50 meters tall, successfully passed all stages of the selection process and was included in the employment pool. However, during the medical examination prior to contract finalization in October 2024, a physician deemed her 'unfit' based on a height criterion. According to the ruling, this requirement was not stated in the call for applications and was not documented in writing at the time.
The dispute centered on whether the applicant's height prevented her from driving the company's vehicles with adequate safety. An initial assessment, conducted while she wore flat shoes, suggested a forced posture or difficulty in reaching the pedals correctly. However, the ruling notes that the woman holds ten driving licenses issued by the General Directorate of Traffic and has prior experience as a driver, including operating 12-meter buses.
Subsequent checks conducted on a bus led to a different conclusion. The judge indicated that during these tests, no 'forced posture or difficulty in reaching the various pedals' was observed, and the driver operated them correctly. The ruling further states that with appropriate adjustments to the seat, steering wheel, mirrors, and other vehicle elements, the applicant could achieve a suitable driving posture.
A central aspect of the ruling is the impact of the height requirement on men and women. The court considers that such a criterion disproportionately affects women, imposing additional physical challenges not faced by other applicants. Consequently, it is deemed indirect gender-based discrimination, placing one sex at a disadvantage.
The resolution emphasizes that with adequate material and clothing adjustments, the height limitation could be overcome safely. It also cites jurisprudence indicating that such requirements can violate the principle of equality when they impose obstacles that disproportionately affect one sex.
For these reasons, the court declares a violation of Article 14 of the Constitution regarding employment access at Guaguas Municipales. The ruling orders the public company to immediately cease this practice, reinstate the applicant to her position within the employment list if it remains active, and pay her 10,000 euros in damages.
This case highlights the judicial scrutiny of physical requirements in employment selection processes, particularly when they may unequally impact men and women and when, as the ruling suggests, the technical demands of the job can be met through vehicle adaptations.
