Religious symbols can be banned in the workplace

The wearing of religious symbols in the workplace has become a controversial issue. The latest in a line of decisions finds the EU's highest court, the European Court of Justice in the spotlight.

The Court held that women can be banned from wearing Islamic headscarves in the workplace. It is not surprising that this fact is the one that has made the headlines and has provided some fuel for right wing politicians across Europe. There are elections this year in both Germany and France and the decision has prompted comments on twitter from a number of politicians.

However, the decision is more subtle because the Court clearly stated that companies can ban staff from wearing visible religious symbols but only as part of a general policy concerning religious and political symbols.

Customers cannot simply demand that such symbols be removed if there is no policy preventing these symbols from being worn.

The Court said:

'An internal rule of an undertaking which prohibits the visible wearing of any political, philosophical or religious sign does not constitute direct discrimination.'

If a company wishes to project a neutral image it is entitled to do so providing there are internal rules which prevent political, philosophical or religious symbols.

The key aspect for all employers is that there must be a non-discriminatory, company wide policy covering these issues. Employees must be treated in the same way and the general requirement and objective for their organisation is for all employees to dress neutrally, without differentiation.

It is interesting that in one of the cases referred to the Court, the company relied on an unwritten rule on such issues.

Employers would be well advised to have a written policy in this regard and should be reviewing their procedures in this sensitive area.

To discuss this or any other employment related issue, contact us.

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