Tag archives: religion

Religious practices and workplace incapacity

The Labour Appeal Court (LAC) has reaffirmed that employers must be tolerant of employee religious beliefs.

In TDF Network Africa (Pty) Ltd v Deidre Beverley Faris, it ruled that the employee was discriminated against and unfairly dismissed for practising her religion. Faris, a Seventh Day Adventist, refused to attend monthly Saturday stock takes as her religion prohibited working over the Sabbath. The employer dismissed her for ‘incapacity’.

Faris approached the Labour Court with an automatically unfair dismissal dispute owing to her religious beliefs. It found the dismissal automatically unfair because she was discriminated against for religious compliance.

Monthly … Continue Reading

Accommodating religious preferences of job applicants: EEOC vs. Abercrombie & Fitch goes to the US Supreme Court

Under Title VII, employers have a duty to reasonably accommodate the religious beliefs of applicants and employees, where it is not an undue hardship to do so. Similar to requirements under the Americans with Disabilities Act, this includes an obligation to engage in an interactive dialogue with the applicant or employee regarding the need for an accommodation.

This month, the U.S. Supreme Court will hear oral argument on a long-running religious-accommodation case brought by the Equal Employment Opportunity Commission (EEOC) against clothing retailer Abercrombie & Fitch. The lawsuit, which was originally filed in 2009, accuses Abercrombie of refusing to hire … Continue Reading

Religious and other beliefs – what protection from discrimination do employees have in France?

The place of religion and other beliefs within the workplace is fairly controversial, especially in France where the principle of secularism is deeply entrenched in the society as a whole. In this context, the pivotal issue is to determine the extent to which employees can be part of a professional environment and still live in accordance with their beliefs.

As a preliminary comment, and with respect to religion, it should be noted that the principle of secularism – which prohibits in particular the display of any religious signs and require workers to behave according to a principle of religious neutrality … Continue Reading

Can I be asked to remove my dreadlocks?

This article was written by Stephan May, a candidate attorney at Norton Rose Fulbright South Africa

With the rise in popularity of reggae music in the western world in the 1970’s, the wearing of dreadlocks has become an increasingly fashionable hairstyle for both men and women.  This hairstyle, however, is often met with scepticism due to its association with countercultures such as the hippy movement and other similar movements that criticise controlled society and commercialism.

In South Africa, the often shared sentiment of employers is that dreadlocks do not conform to appropriate work attire.  Especially in organisations that strive to … Continue Reading