Recent case law | Religious symbols // The Islamic Veil in the workplace
Published on :
04/01/2018
04
January
Jan
01
2018
As you may know, religious signs in the workplace is a hot topic in Europe, and especially in France, a country with its own particular form of secularism called laïcité.
In March 2017 there were two judgments of the CJEU on the wearing of the Islamic veil at work. In the first one, it was said that the customer's wish not to be served by someone wearing the veil could not justify its prohibition.
In the second one, it was said that if the employer has a policy regarding neutrality in the workplace, such a policy may justify the prohibition of the veil, provided that this prohibition is proportionate and legitimate for the workplace’s activity.
The French Supreme court, the Cour de cassation, has taken up these decisions.
In a ruling dated 22 November 2017, the Cour de Cassation reiterates several points: Thus, it considers that "company’s internal rules can not contain provisions providing for the rights of individuals and individual and collective freedoms restrictions that would not be justified by the nature of the task to be performed nor proportionate to the desired purpose".
What does this mean for employers?
Employers may restrict the wearing of the veil and of other religious, cultural, or philosophical symbols in the workplace by first implementing a neutrality clause in their company rule book.
Secondly, this restriction can only concern employees who are in contact with clients or the public.
If the employee refuses to work without wearing the religious, cultural, or philosophical symbol, the employer must first try to find another position for the employee within the company without visual contact with customers, rather than terminating the employee.
History
-
Tuesday March 20th 2018 | Breakfast Briefing FGA | Collective Bargaining : Reforms on the way !
Published on : 15/02/2018 15 February Feb 02 2018News / Breakfast BriefingsOverview of the benefits of the Executive Ordinances issued on 22nd September...
-
USA: 2018 Year Ahead: The Year Ahead for Employers
Published on : 30/01/2018 30 January Jan 01 2018L&E GlobalJackson Lewis has prepared a comprehensive survey on expected new development...Source : leglobal.org
-
USA: Plaintiff’s Bar Currently Targeting Online Hiring Practices: What Your Company Needs to Know
Published on : 12/01/2018 12 January Jan 01 2018L&E GlobalCompanies’ employee-recruitment ads on social media and websites are the late...Source : leglobal.org
-
Looking forward | The Macron Reforms: Staff bodies
Published on : 04/01/2018 04 January Jan 01 2018NewsUp to now there was much confusion for foreign employers regarding the organi...
-
Recent case law | Religious symbols // The Islamic Veil in the workplace
Published on : 04/01/2018 04 January Jan 01 2018NewsAs you may know, religious signs in the workplace is a hot topic in Europe, a...
-
New Legislation | In depth look: Protecting personal data
Published on : 04/01/2018 04 January Jan 01 2018NewsIn May 2018, new European regulations on the protection of personal data will...
-
New Legislation | In brief: Macron reforms: Softening the rules regarding dismissal letters
Published on : 04/01/2018 04 January Jan 01 2018NewsUp to now, in personal and economic dismissals, employers were barred from ad...
-
Do’s & Don’ts | This month: Reacting to Sexual Harassment
Published on : 04/01/2018 04 January Jan 01 2018NewsThis topic has dominated the headlines the past few months, but it doesn’t on...
-
Happy New Year 2018
Published on : 28/12/2017 28 December Dec 12 2017NewsFichy Grangé Avocats wishes you a wonderful year. In 2018, more than ever, y...
-
Harmers wins Gold Medal in Employment Law in the HRD Service Provider Awards 2017
Published on : 12/12/2017 12 December Dec 12 2017L&E GlobalL&E Global is proud to announce that our member firm in Australia, Harmers Wo...Source : leglobal.org