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Home > Workplace > France > 2003-06-19 - Court of appeal of Paris, Société Téléperformance, n. (...)

2003-06-19 - Court of appeal of Paris, Société Téléperformance, n. S03/30212

Workplace · France · Dismissal · Dress code

Void dismissal of a telephone interviewer who refused to wear her veil tied as a hat

Key facts of the case - The applicant had been employed with several fixed-term contracts. When she was definitely hired, she moved to the company’s headquarters and was asked to end the wearing of Islamic headscarf. As she refused to do so, she was suggested to wear her veil tied as a hat. After her refusal, she was dismissed.

Main reasoning of the court - the court declares void the dismissal of a telephone interviewer who refused to wear her veil tied as a hat because, on the one hand, she already wore it at the time of hiring and, on the other hand, she had not reported problem in her contacts with customers.
In this case, the employer did not provide evidence of the existence of objective elements unrelated to any discrimination based on religious beliefs to justify the dismissal. He argued that the new conditions of activity after transfer of the employee to another site justified the decision to prohibit the wearing of headscarf. However the employee, a telephone-interviewer, was already in contact with customers in his former position without any reported problem with them in connection with the headscarf.