The video, filmed in a store in downtown Strasbourg (Bas-Rhin) and which lasts five minutes, has provoked a number of comments since Thursday on social networks. These images, which have several hundred thousand views on X and TikTok, were filmed and posted by a young woman wearing the veil. Sent by a temp agency, she is refused employment by the manager of the shoe store because her outfit “does not fit the store” or is not “suitable”.
Since then, the manager, who claimed to be referring to the “law”, has been accused of discriminatory practices and has been threatened with death by Internet users. But then what does the Labor Code say about wearing a veil, a kippah, a cross or even a turban in the workplace? What is the principle of neutrality? Is banning a religious sign in the workplace discrimination? 20 minutes make the point.
What does the Labor Code say in France?
Our Labor Code is clear, even if it does not directly deal with the wearing of the veil which relates more to aspects linked to religious freedom and secularism. Since 2016 and the Labor law, French companies have had the right to establish internal rules on religious symbols as part of their codes of conduct or internal regulations (article L.1321-2-1 of the Labor Code). Internal rules which must be included in the employment contract. “The case law today is quite clear, precise 20 minutes Me Bernard Alexandre, of Alexandre-lawyers firm in Strasbourg. A general ban on the veil, in principle, at the discretion of any company, whatever it may be, is not possible. But a justified, neutral and reasoned ban, yes… under certain very specific conditions. »
In what context should a religious sign be banned?
Internal regulations or an equivalent (a memo, for example) must affirm a principle of neutrality. “That is to say, in application of this principle, the wearing of signs or signs of a religious nature is prohibited”, assures the Strasbourg lawyer who mentions here, a “first condition”. Second condition, “the restriction must be justified by the nature of the task to be accomplished and proportionate to the aim sought”. “If a trader simply says that it is not consistent with the company’s image or commercial policy, that is not enough,” comments Me Bernard Alexandre.
The memo or internal regulations must also not differentiate between religious symbols. And, finally, if the law authorizes the wearing of a religious symbol in the workplace, the ban is only possible if the employee is in contact with customers.
Can we talk about discrimination?
To prohibit any religious sign, whether it be a yarmulke, a veil, a cross, “there is a way but it is narrow. There are conditions that are very specific. And if we do not meet these conditions, it is discrimination,” underlines Me Bernard Alexandre.
Seized several times on this subject, the Court of Justice of the European Union (CJEU) however indicated in 2021 that prohibiting the wearing of the Islamic veil in the workplace was not discriminatory under certain conditions. The CJEU has also handed down several judgments concerning the wearing of religious symbols at work. Two stops, Achbita (2017) and Bougnaoui (2017) set a precedent. These judgments focus on whether the ban constitutes discrimination based on religion or belief, thereby breaching EU non-discrimination law.