Can an employee refuse to shake hands with his female colleagues because of philosophical, religious or even political beliefs?
Posted the 19 September 2018The law of May 10, 2007, aimed at combating discrimination between women and men, prohibits any direct discrimination of this kind within the framework of the employment relationship, unless such distinction is based on an essential and determining professional requirement.
Discriminating against women because of their gender is just as serious as treating someone differently based on ethnic or racial characteristics. In other words, sexism is as bad as racism.
Arguments relating to personal motives, especially philosophical or religious beliefs, or even citing a form of “respect” (avoiding any “desire” or “misguided thought”), cannot justify such behavior — just as it would not be acceptable in cases of racism. In this regard, it is a remarkable (and sad) observation that there is more tolerance for sexism than for racism.
It should also be understood that accepting such refusal essentially means accepting the refusal to look a woman in the eye. Moreover, this implies the refusal to speak to her, to respond to her instructions, or to follow her commands.
For some, all of this may sound like science fiction. However, some companies in Belgium are already confronted with this phenomenon.
Businesses and employees must be aware that, in addition to the rules necessary for living together in a group, there are laws that must be complied with, and that discriminatory behavior towards women is not allowed and can be a serious reason for action, apart from potential criminal sanctions (e.g., for harassment).
In connection with this, it would undoubtedly also be useful to implement a strict neutrality policy in the workplace, prohibiting all (at least outward) signs of religious, philosophical, or political beliefs.
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