Neutrality at the workplace in Belgium: how far can employers go?
23 Sep 2025
Belgian companies seeking to implement a neutrality policy that forbids the wearing of religious or political signs in the workplace must carefully balance their business interests with the applicable legal framework on equal treatment and non-discrimination. This newsletter provides a general, broad overview of the key principles involved in this complex and evolving matter. Using current case law from the Court of Justice of the European Union (CJEU) and the Belgian courts, we’ll outline the extent to which organisations may pursue neutrality and the legal limits that apply.
Legal framework: neutrality policies and discrimination
The desire to project a neutral image has led many organisations to consider or adopt internal rules that prohibit visible signs of religious, philosophical or political beliefs. The key legal instrument to determine whether, and to which extent, such policy is lawful, is the Law of 10 May 2007 to combat certain forms of discrimination, which transposes the European Directive establishing a general framework for equal treatment in employment and occupation. This law prohibits both direct discrimination – which occurs when one person is treated less favourably than another based on a protected characteristic – and indirect discrimination – when an apparent neutral practice puts persons with a particular protected characteristic at a disadvantage compared to others – on grounds including religion or belief, age, disability and sexual orientation.
The CJEU has confirmed that a workplace rule which prohibits all visible signs of religious, philosophical or political beliefs, and which is applied in a general and undifferentiated way to all workers, in principle doesn’t amount to direct discrimination. Conversely, the Court has held that a workplace policy that prohibits only the wearing of conspicuous, large-scale signs of religious or philosophical belief may constitute direct discrimination if that criterion is inextricably linked to one or more specific religions or beliefs.
This means that, if a company’s neutrality policy prohibiting all visible signs of religious or political belief applies equally to all employees, regardless of specific belief or religion, it’s not considered direct discrimination under European and Belgian law. However, such policy can still amount to indirect discrimination if, in practice, it puts individuals with certain beliefs at a particular disadvantage. If that’s the case, the policy will only be lawful if it’s objectively justified by a legitimate aim and if the means of achieving that aim are proportionate.
Legitimate aim and proportionality
When looking at the lawfulness of an indirect distinction, Courts recognise that a company’s desire to present a neutral image to clients and the public can, in given circumstances, be a legitimate aim. However, the mere desire for neutrality does not satisfy this requirement. Companies must demonstrate a genuine need for a neutrality policy, for example, by demonstrating that they would suffer adverse consequences if they didn’t implement that policy, due to the nature of their activities or the context in which these are carried out.
The policy must also be implemented and applied consistently and systematically, and not go further than is necessary to achieve the desired aim. For example, – when presenting a neutral image to clients and the public is the aim – a general ban on religious symbols for all staff, including those who do not interact with customers, will generally be harder to justify than a policy limited to customer-facing roles.
Practical considerations
It is highly recommended that companies considering a neutrality policy ensure that any restrictions are clearly set out in an internal written policy – preferably in the work regulations – and communicated to all staff. The policy must be applied in a general and undifferentiated manner, without targeting specific religions or beliefs. When a neutrality policy is challenged, it will be up to the company to demonstrate the legitimacy and necessity of the policy, as well as its consistent application.
In this respect, it’s important to note that the Belgian anti-discrimination legislation provides for significant remedies in cases of discrimination, including the possibility of a lump sum compensation equal to six months’ salary.
Conclusion
Companies can implement neutrality policies that restrict the wearing of all religious or political signs, provided these policies are applied in a general manner, and are justified by genuine, legitimate and demonstrable need. The policy must be proportionate and not go further than necessary. Organisations should document the reasons for the policy, ensure consistent application and be prepared to justify the policy if challenged.
If you have any question regarding the above or are looking into adopting a neutrality policy in your organisation, don’t hesitate to reach out; we’d love to hear from you.
