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Religion and work
Can an employee who refuses to remove her veil at work be dismissed?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Cet article est ancien
L'information n'est peut-être plus exacte
Do you wear religious clothing at work? Under what conditions can your employer prohibit you from doing so? If an employer wishes to restrict the individual freedoms of his employees, in this case freedom of religion, he must justify that restriction by the nature of the task to be performed and must satisfy an essential occupational requirement which is determining and proportionate to the aim pursued. This has just been confirmed by the Court of Cassation.
Hired in 2012 at a women's clothing store, a female employee leaves 6 months on parental leave in 2015. On her return, she wears a scarf concealing her hair, ears and neck.
His employer asks him to take it away. When she refused, he released her from work and dismissed her a few weeks later for real and serious reasons.
The employee brought an action before the prud’homale court for discrimination on grounds of her religious beliefs.
In court, the employer justifies its decision by preserving the image of the company and its commercial policy. For him, the brand expresses the femininity of its customers, without concealing the body or the hair.
He also considers that the employee has worked without a veil since the beginning of her contract, and that he has therefore been faced with a fait accompli.
He believes that the employer alone judges the consistency of employees' clothing with the image of the company.
The employer also points out that some of its clients may be aggrieved
The Court of Appeal found that these elements did not constitute evidence of an essential and determining occupational requirement. Rules and regulations It notes that the company's directive does not provide for a neutrality clause prohibiting the visible wearing of any religious, philosophical or political sign in the workplace.
It therefore considers that the prohibition on the employee constitutes discrimination on grounds of her religious beliefs and that the dismissal must be annulled.
The Court of Cassation fully shares this view.
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