Labour law

No trainee position because of headscarf

Labour Court of Berlin, judgment of 28.03.2012 - 55 Ca 2426/12

A Muslim woman applied for a job vacancy of a dental assistant in a dental office. On the application photo she wore a headscarf, which covered her entire hair. During the interview she was asked if she could imagine removing the headscarf during the working hours. Her answer was negative. Although she would have been hired for the dental office, an actual placement was not considered for the reason that wearing a headscarf did not suit the dress code or/and that a headscarf is no neutral garment. Thus, she was rejected. 

Such a conduct constitutes discrimination on grounds of religion which is forbidden according to § 7 par. 1 AGG. The present case cannot be considered as an exception of § 8 par. 1 AGG, according to which the employer may treat the applicants differently when there are special job requirements because of the nature of the work or the conditions of its exercise.

The applicant shall receive compensation of 1,470.00 EUR.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011