Headscarf and other religious symbols in the workplace
- Religious and philosophical convictions
If you are an employer and you do not know how to respond to employees who want to wear a religious or philosophical symbol such as a headscarf at work? We have listed the most important information for you.
What are the general guidelines regarding a religious or philosophical symbol such as the headscarf in the workplace?
Unfortunately, that question is not so easy to answer. There are a number of rights and principles that interact here:
Open 1. An employee has freedom of thought, conscience and religion.
This means, among other things, that employees may express their faith or philosophy by wearing certain symbols, objects or pieces of clothing. For example a headscarf, kippah, turban, effigies, cross, Star of David, kirpan... This freedom is not absolute. It can be limited under strict conditions, laid down in Article 9 §2 of the European Convention on Human Rights.
Open 2. An employee has a right to equal treatment and non-discrimination.
This prohibition on discrimination is also not absolute. Sometimes an exception is permitted, and an employer may therefore prohibit (or even require) religious or philosophical symbols in the workplace.
Anti-discrimination legislation defines the conditions under which a difference in treatment is allowed. These overlap with the rules around restricting religious freedom. Only when all conditions are met is discrimination on the basis of religion or philosophy of life allowed.
Open 3. A private employer has freedom of entrepreneurship
Article 16 of the Charter of Fundamental Rights of the European Union
Based on this freedom to carry out an economic or commercial activity, the employer can prefer neutrality towards customers.
Open 4. A private employer has contractual freedom
Employers can hire the employee who best suits a vacancy.
Open 5. A private employer has employer authority.
This means that the employee performs the work according to the employer's instructions.
Open 6. The principle of state neutrality is an essential principle for a pluralistic society.
This principle of complete independence and autonomy of the state from any religious or philosophical belief is not explicitly included in the Constitution.
The situation is also different depending on whether you are a private or public employer:
- For a private employer, a ban on religious or philosophical symbols such as a headscarf is only possible if strict conditions are met.
- For a public employer, strict conditions also apply and the neutrality principle also comes into play, which we will discuss further.
As a private employer, what reasons can apply to ban a headscarf or other religious symbol?
As a private employer, you are not obliged to offer a neutral service. A ban on a headscarf or other religious symbol is only possible if there is a legitimate purpose. Justified reasons for a ban include:
- In the cultural sphere it may be artistic freedom, authenticity ... For example: for a theatre performance about a historical figure, a company only wants to use actors with certain external features.
- In the commercial sphere, this is advertising aimed at certain target groups ... For example: for advertising hair products, a company prefers models without headscarves or headgear.
- In the area of safety, a ban may be justified to ensure safety in the company, safety of third parties, public safety .... For example: a ban on loose clothing where working with machines to avoid workplace accidents.
- A ban may also apply for hygiene reasons . For example: no loose hair or other hygiene requirements for kitchen staff.
There must always be an appropriate and necessary justification for the ban. This is only the case if no alternative measure is possible by which the objective can also be achieved, and which moreover affects a fundamental right less extensively and less seriously.
Another legitimate purpose for a ban on a religious or philosophical symbol (e.g. the headscarf) can be a neutral image. Such a ban is possible only if it meets the 3 conditions:
Open The ban has a legitimate purpose.
- As an employer, you must be able to prove that a neutral stance towards customers is a real need or that it is necessary to avoid social conflicts.
- You must prove that without a neutrality policy, entrepreneurial freedom would be compromised because there would be adverse effects on the nature or context of your activities.
Open The ban is an appropriate means of ensuring that neutrality.
You should apply the rules to all workers and not just ban 'big conspicuous symbols'. So both a Christian cross and a Muslim headscarf or Sikh turban can't then.
Open The ban goes no further than strictly necessary.
A ban may be in place for employees whose 'visual contact' with customers is an essential part of their job responsibilities.
Moreover, the employer should consider whether employees who want to (continue to) wear religious signs can get another job without visual contact with customers.
This should not impose too great a burden on the employer and restrictions specific to the company should also be taken into account. For instance, in large companies, it will be easier to offer another position while in a smaller SME it will be more difficult.
In addition, the nature of the activities will be decisive: a company where almost all functions require visual customer contact will also have fewer opportunities to suggest something different.
Can a public employer ban a headscarf or other religious symbol to guarantee neutral service?
The principle of neutrality dictates that the state is neutral and that public service officials must act neutrally. The personal preference of civil servants should not play a role in the treatment of citizens, because all citizens should be treated equally. This principle of neutrality is often used to impose rules regarding the wearing of religious or philosophical symbols by civil servants.
The Court of Justice of the European Union rules that the government itself decides on the form of neutrality it wants to apply to its personnel, depending on the place it wants to give to religious beliefs. The interpretation of the neutrality principle is therefore a political and social choice, not a legal one. There is no obligation to ban all religious symbols in the name of neutrality.
In practice, the principle of neutrality has various interpretations:
Open Exclusive neutrality
Civil servants are not allowed to wear religious or philosophical symbols. This is the case, for example, for all employees of the City of Brussels.
Good to know: if the government opts for exclusive neutrality, according to the Court, it must actually pursue this objective in a coherent and systematic manner towards all employees. The ban must also be limited to what is strictly necessary.
Open Inclusive neutrality
Civil servants are allowed to wear religious symbols for any function. This is the case with the City of Mechelen. Only if they violate the law or public order, or compromise safety and hygiene, is a restriction possible.
Open Mixed interpretation of neutrality
Civil servants are allowed to wear religious symbols in some positions and not others.
For example, the City of Antwerp prohibits outward symbols of philosophical, political, trade union, sporting, etc. beliefs during working hours for staff in direct contact with the public, customers or external partners. For other staff members, ostentatious clothing does not apply. An earring for men is allowed, but no conspicuous nose piercing. A headscarf is also acceptable, but no 'heavy veiling'.
Unia advocates inclusion. We believe that public institutions should be a reflection of society and correct and neutral service can be ensured by emphasising neutral action by civil servants. Furthermore, we believe it is important for all groups to have access to employment.
Tips about religious symbols in the workplace
- Be clear about what is non-negotiable. Disrespect for other forms of diversity, security risks, conversion zealots (to name a few) are unacceptable.
- Know that safety issues are legitimate. Safety and prevention professionals can help find inclusive solutions that ensure safety.
- Don't forget procedural justice: how you find solutions or develop policies matters.
- Employ diversity and inclusion professionals to create the right context to talk about this sensitive issue.
Unia can help with tailored-made training. Do you need legal advice as an employer? Contact us.
Legal framework for the headscarf and other religious symbols
Search the case law database for all judgments and rulings on religious or other symbols such as the headscarf.
Legal framework for religious symbols
What are the legal bases for determining whether or not a headscarf or turban is acceptable? We list them.
Legal advice about headscarves or other religious symbols at work
On our online learning platform eDiv, we provide legal advice on certain situations:
- No religious signs: a manager decides not to select people who present themselves with a religious symbol (headscarf, cross, skullcap, etc.). Can this be done just like that?
- Religious signs in the workplace: managers today regularly face questions about signs of faith or belief. How do you deal with them?
- Cleaning lady employed via article 60: a personnel manager at a PCSW employs a cleaning lady with a headscarf. A manager demands that she take it off. What to do?
More about
Religious and philosophical convictions
Discrimination because you are a Sikh or a Muslim, for example.
Religious practices in the workplace
Religious practices are protected by freedom of religion. What should I do if I have a request for accommodation?
Headscarf and religious symbols: legal framework
What are the legal bases for determining whether or not a headscarf or turban is acceptable? Find out the legislation and case law at Unia.
- Religious and philosophical convictions