Religious discrimination in recruitment: recognising it and taking action

An application that goes unanswered after an interview in which the headscarf came up, persistent questions about fasting during Ramadan, a rejection justified by "the company's image": religious discrimination in recruitment exists, even if it is rarely explicit. It is nonetheless prohibited, and the law offers tools to have it recognised.

This guide explains what amounts to discrimination, which questions a recruiter may ask, how to gather evidence and where to turn. It draws mainly on French and European law, with notes for readers in the United Kingdom, and is intended as general information only.

What the law prohibits

The French Labour Code prohibits excluding anyone from a recruitment process, a work placement or training because of their religious convictions, their actual or presumed membership of a religion, their origin or their physical appearance, among other criteria. The French Criminal Code also punishes discrimination in hiring, which is a criminal offence.

At European level, the 2000 directive on equal treatment in employment requires member states to prohibit discrimination on grounds of religion. It covers two forms:

• direct discrimination: treating a person less favourably because they are Muslim;
• indirect discrimination: an apparently neutral rule that puts people of a particular religion at a particular disadvantage, without objective and proportionate justification.

A difference in treatment is only permitted if it meets a genuine and determining occupational requirement, with a legitimate objective and a proportionate requirement. In the UK, the Equality Act 2010 likewise prohibits direct and indirect discrimination because of religion or belief, including at the recruitment stage.

Questions a recruiter should not ask

The information requested from a candidate must have a direct and necessary link with the job. The following are in principle irrelevant:

• "Are you practising?", "Do you fast during Ramadan?";
• "Would you be willing to remove your headscarf?" when no legitimate neutrality rule applies;
• questions about which mosque you attend, your family's origins or your eating habits.

Faced with such a question, you can answer briefly while bringing the conversation back to your skills, or politely ask how it relates to the job. Noting down the question, the date and the interviewer's name straight after the interview is useful if things go wrong later. The question of the headscarf and neutrality is explored in depth on our page about wearing the hijab and religious symbols.

Proving discrimination

Proof is the main difficulty. Employment law therefore shifts the burden of proof: the candidate presents facts from which discrimination can be presumed, and it is then for the employer to show that its decision was based on objective factors unrelated to any discrimination.

Useful evidence

• written exchanges (emails, messages, job advertisements);
• notes taken immediately after the interview;
• statements from other candidates or employees;
• a comparison with the profile of the person who was eventually hired;
• the results of a situation test, which French courts accept in criminal cases.

Time limits

In France, claims for compensation for discrimination are in principle time-barred five years after the discrimination came to light. In the UK, time limits are much shorter: an employment tribunal claim must normally be brought within three months less one day, after first contacting Acas for early conciliation. Either way, do not wait: memories and evidence fade quickly.

Where to turn

• the Défenseur des droits, the independent French authority responsible for discrimination, which can investigate a complaint, propose mediation or submit observations to a court;
• the conseil de prud'hommes, the French employment tribunal, to obtain compensation;
• the public prosecutor or the police, since discrimination in hiring is a criminal offence in France;
• a trade union or a specialist association, which can support you through the process;
• an employment lawyer, to assess your chances and strategy.

Official government websites set out the procedures and forms in detail, and it is advisable to rely on them rather than on informal advice. In the UK, Acas and the Equality and Human Rights Commission publish guidance on discrimination at work.

Reducing the risk upstream

Some steps limit your exposure without giving up your convictions: targeting employers known for their diversity policies, reading employee reviews, and finding out whether the internal rules include a neutrality clause. The halal economy, presented in the list of halal jobs, also offers environments where religious practice is better understood.

Discrimination after hiring

The prohibition does not stop at recruitment: pay, promotion, training, assignments and dismissal are also covered. Refusing leave for a religious festival or making repeated remarks about fasting can fall under the same logic; see the page on leave for Muslim festivals.

Keeping your balance

Experiencing discrimination is draining, especially when it happens again and again. It helps to talk to people close to you, to rely on associations and not to let a rejection call your professional worth into question. Starting legal proceedings is a personal choice: some see it as a necessary step, others prefer to focus their energy on their job search. Either way, documenting the facts keeps all options open.

Practical checklist

• write down what was said at the interview straight away;
• keep every job advertisement and every exchange;
• ask in writing for the reason for a rejection;
• contact the Défenseur des droits, Acas or a trade union;
• have your situation assessed by a legal professional before taking any action.