France: Can an Employer Ban Beards?

Since 2016, an employer may include in the company’s written rules a neutrality clause prohibiting the visible wearing of any political, philosophical or religious signs in the workplace.

European and French case law has laid down conditions for the validity of such a clause: it must treat all the employees of the company in the same way, imposing on them, in a general and undifferentiated manner, neutrality in terms of clothing. And it must be applied only to employees who are in contact with customers.

In the absence of internal regulations the employer may not prohibit an employee from wearing a visible sign of religion, nor may he sanction such wearing.

On 8 July, the French Supreme Court was asked to answer the question of whether an employer may sanction an employee working as a consultant sent abroad to provide security services, on the basis of his beard. The employer claimed that the beard was cut in a manner that was significant both religiously and politically, creating a risk for the consultant and the client.

The Supreme Court’s decision says the following:

– Without a written neutrality clause, the ban on beards is an infringement of religious freedom;

– The employer’s willingness to consider the client’s wishes is a subjective consideration and therefore is insufficient: there must be a professional and determining requirement;

– In the absence of a neutrality clause, the objective of the safety of the company’s staff and customers may justify a restriction on the rights of individuals. This allows the employer to impose a neutral appearance on employees when this is necessary to prevent an objective danger.

Therefore, if an employer is considering imposing neutrality within its structure, the company rules will have to be amended to include a neutrality clause. Failing this, it will be necessary to justify a breach of the safety of its staff and customers. This is difficult, though:  in the case described above the employer was unsuccessful.

For more information on these articles or any other issues involving labour and employment matters in France, please contact Joël Grangé (Partner) of Flichy Grangé Avocats at grange@flichy.com or visit www.flichygrange.com.