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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 Close 1. An employee has freedom of thought, conscience and religion.

Open Close 2. An employee has a right to equal treatment and non-discrimination.

Open Close 3. A private employer has freedom of entrepreneurship

Open Close 4. A private employer has contractual freedom

Open Close 5. A private employer has employer authority.

Open Close 6. The principle of state neutrality is an essential principle for a pluralistic society.

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 Close The ban has a legitimate purpose.

Open Close The ban is an appropriate means of ensuring that neutrality.

Open Close The ban goes no further than strictly necessary.

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 Close Exclusive neutrality

Open Close Inclusive neutrality

Open Close Mixed interpretation of neutrality

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.

Search the case law database for all judgments and rulings on religious or other symbols such as the headscarf.

What are the legal bases for determining whether or not a headscarf or turban is acceptable? We list them.

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?

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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