Bank Corporate Client Acquisitions: Employment Law Considerations

In a recent interview, billionaire Femi Otedola allegedly revealed that multiple banks sent “pretty ladies” to woo him for deposits. While this comment drew amusement in some quarters, it raises serious legal and ethical questions under Nigerian labour law and international workplace standards. In this legal update, we outline some key employment law consideration for banks and financial institutions engaged in client acquisition and corporate business development.

Sexual Objectification as a Workplace Practice

Assigning job descriptions and employees, primarily on the basis of physical appearance, rather than competence or merit, may amount to a form of gender-based sexual objectification and may be held to be a violation of Section 42 of the 1999 Constitution (freedom from discrimination) and ILO Convention No. 111.

In our view, if this practice was indeed institutional and not isolated, bank employees involved may have grounds to challenge their employers on several fronts and the practice need not be written or documented for it to be actionable. For instance, if women were selected, incentivized, or subtly pressured to use charm or appearance to attract business, this may constitute constructive dismissal, if such women feel compelled to resign.

Employees may also be able to claim monetary damages for the emotional and psychological distress arising from unwanted attention, ridicule, or even reputational harm. There is also the risk of breaking data protection laws, if employees were ranked or profiled based on physical traits, especially where such profiling is automated.

Key Takeaways

1. Especially with the “international best practices” jurisprudence emanating from the National Industrial Court, financial institutions and other businesses are now even more exposed to risk of legal action and monetary fines, on account of such practices if not reviewed for employment law compliance.

2. Banks need to give greater consideration to employment law issues arising from corporate client acquisition strategies.

How We Can Help

Balogun Harold advises financial institutions and employers on workplace ethics, labour law compliance, risk management and dispute resolution.