Is asking about religious dress at a job interview discriminatory?

Some Muslim women wear the jilbab at work – a long or loose outer garment. What if the wearing of the jilbab at work poses a health and safety issue – can you discuss this at interview? 

An employment tribunal has recently ruled that the answer to this question is yes. 

Ms Begum, a Muslim, applied for a job as a nursery assistant. She subsequently brought a claim alleging that the company with whom she had applied for a job as a nursery assistant had discriminated against her by refusing to allow her to wear a jilbab, the long or loose outer garment worn by some Muslim women. During the interview, staff had discussed policies and procedures of the organisation and conversation moved to a discussion of uniform. One of the staff on the interview panel thought that Ms Begum’s jilbab was particularly long and raised the concern of a potential trip hazard. They asked her if it would be possible for her to wear a shorter jilbab to work. 

The employment tribunal concluded that the employer had not discriminated against Ms Begum. Staff did not at any stage during the interview, inform Ms Begum that she could not wear the jilbab while working at the nursery. The tribunal found that she was given a number of options, and advised that other Muslim women employed at the nursery changed into a shorter jilbab on arrival at work. An alternative of wearing trousers underneath her jilbab was also discussed. 

Practical implications? Staff on interview panels who have genuine concerns about items of clothing or jewellery posing health and safety risks are entitled to discuss their concerns with the candidate, provided they do so in a sensitive manner. They should ask the candidate if they have any suggestions that would help reduce concerns over health and safety, and discuss alternative options with an open mind.  Beware of placing ‘blanket bans’ and also beware of using health and safety as an ‘excuse’ – risks have to be genuine.