Securitas discriminated against a Muslim woman when the security company did not allow her to wear a hijab together with the guard uniform. This is the conclusion of the Equality Ombudsman (DO), who now demands that the company pay the woman 75,000 kronor. At the same time, DO’s own decision states that employers under certain conditions may require religiously neutral work attire, but assesses that it was not permitted in the present case.

The woman applied for a job as a security guard at Securitas but learned during the recruitment process that she could not wear her fundamentally Muslim headscarf together with the company uniform. Securitas’ uniform policy did not allow religious garments or symbols together with the uniform.

Following this notification, the recruitment process was halted. The woman then reported the company to the Equality Ombudsman, who has now concluded that she was subjected to discrimination on the grounds of religion.

DO: The Rule Was Not Neutral

Central to DO’s assessment is that Securitas has not formulated its uniform rules sufficiently generally. The policy specifically singles out symbols and garments of a religious character as things that cannot be worn with the uniform. The authority therefore considers that Securitas cannot refer to a general aim of neutrality in the workplace.

– The policy is written in such a way that certain employees are excluded from working with the employer if, in any way, they express their religion through clothing or symbols, which will particularly affect women who for religious reasons wear a veil, says Kerstin Burman, head of section at DO’s legal unit.

READ MORE: Woman Denied Security Job: “Without Hijab I Am Naked”

DO also refers to EU Court practice, according to which an employer can have internal rules that prohibit all visible political, philosophical, and religious symbols, provided that the rules are applied generally and without distinction. Such a ban, however, can amount to indirect discrimination if the employer cannot demonstrate that there is a legitimate objective and that the measure is appropriate and necessary.

It is thus not uniform rules or requirements for religious neutrality as such that DO rejects, but rather that a loophole has been found in the design and application of Securitas’ current policy, which makes it liable for discrimination.

Demands 75,000 kronor

DO now demands that Securitas pay the woman 75,000 kronor in compensation for discrimination. The company has until September 22 to respond to the demand. If Securitas does not accept it, DO can proceed and let the Labor Court review the case. The matter is therefore not yet legally settled.

At the same time, the Police Authority is updating the regulations for security guards’ uniforms to regulate how, among other things, Muslim headscarves, Jewish kippahs, and Sikh turbans can be combined with the uniform. According to DO, there is already today no formal obstacle to wearing a hijab with the security guard uniform.

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