EN
HR Legal

Every beard you take

logo
Legal news
calendar 10 March 2024
globus Norway

A job applicant did not want to shave his beard as part of his religious practice. The company had not discriminated against the job applicant by hiring someone else, as the other person was better qualified.

During a job interview at a physiotherapy studio, a practising Sikh was asked if he would shave his beard. The company noted that some customers had special dress code requirements. The job applicant could not shave due to his religion.

In a follow-up email, the company again insisted that the job applicant's appearance with a turban and beard would not align with many of the customers' preferences. The company eventually hired someone else.

Knowledge is power

The Tribunal found that the job applicant had not been discriminated against based on religion because the person hired was better qualified.

Although there were clear indications that the company did not choose the job applicant because of his religion, it was not proven that the religion was given decisive weight. The job applicant had a significantly lower level of education and work experience than the person hired. However, the company did unlawfully ask the job applicant about his religion during the interview.

IUNO’s opinion

The decision illustrates that discrimination only occurs when the company has placed decisive weight on a discriminatory factor.

IUNO recommends that companies are cautious when implementing bans on religious symbols. Such bans must be justified, limited to what is strictly necessary and applied in a general and in an indiscriminate manner to all employees.

[The Anti-Discrimination Tribunal’s decision of 14 February 2024 in case 22/1129]

During a job interview at a physiotherapy studio, a practising Sikh was asked if he would shave his beard. The company noted that some customers had special dress code requirements. The job applicant could not shave due to his religion.

In a follow-up email, the company again insisted that the job applicant's appearance with a turban and beard would not align with many of the customers' preferences. The company eventually hired someone else.

Knowledge is power

The Tribunal found that the job applicant had not been discriminated against based on religion because the person hired was better qualified.

Although there were clear indications that the company did not choose the job applicant because of his religion, it was not proven that the religion was given decisive weight. The job applicant had a significantly lower level of education and work experience than the person hired. However, the company did unlawfully ask the job applicant about his religion during the interview.

IUNO’s opinion

The decision illustrates that discrimination only occurs when the company has placed decisive weight on a discriminatory factor.

IUNO recommends that companies are cautious when implementing bans on religious symbols. Such bans must be justified, limited to what is strictly necessary and applied in a general and in an indiscriminate manner to all employees.

[The Anti-Discrimination Tribunal’s decision of 14 February 2024 in case 22/1129]

Receive our newsletter

Anders

Etgen Reitz

Partner

Similar

logo
HR Legal

27 September 2024

Double discrimination against part-time carers

logo
HR Legal

26 September 2024

Diagnosis: no discrimination

logo
HR Legal

26 September 2024

Work permits were required for offshore work on the Danish continental shelf

logo
HR Legal

30 August 2024

Artificial Intelligence at the workplace – new rules from the EU have entered into force

logo
HR Legal

28 August 2024

Sucker punch

logo
HR Legal

23 August 2024

Happily never after

The team

Alexandra

Jensen

Legal advisor

Alma

Winsløw-Lydeking

Junior legal assistant

Anders

Etgen Reitz

Partner

Cecillie

Groth Henriksen

Senior associate

Johan

Gustav Dein

Associate

Julie

Meyer

Senior legal assistant

Kirsten

Astrup

Managing associate (on leave)

Maria

Kjærsgaard Juhl

Legal advisor

Rikke

Grønlund Holm

Senior associate

Søren

Hessellund Klausen

Partner