SHOULD MUSLIMS LET THEIR EMPLOYERS KNOW OF ANY RESTRICTIONS THEY MAY HAVE ON A RELIGIOUS BASIS?
Summarized: An employee is generally not obliged to answer any questions regarding their religious affiliation at the job interview. They must, however, make known any circumstances that would prevent them from performing their duties at work. This includes any religious restrictions, such as not being able to sell alcohol at work.
Some practices in the workplace could come in conflict with religious restrictions. It is easy to imagine a Muslim vendor in a supermarket not being able to come to terms with the sale of alcohol because of his religious beliefs.
In principle, a job applicant may refuse to answer questions which have religious connotations or simply answer untruthfully (see here). There is accordingly no obligation to reveal one’s religious attitudes and beliefs. There is, however, an exception to this rule. A job applicant is required to inform the employer (whether prompted to or not) of all situations which could prevent or inhibit them from carrying out a certain task that is part of their job description.1 If a Muslim employee were to be employed as a cashier at a supermarket and was already aware that they wouldn’t be willing to sell alcohol because of their beliefs when they signed the contract, they are supposed to share this with their employer before signing. If this disclosure requirement is violated, the employer may have the right to contest the employment contract and under certain circumstances even sue for damages.2
1 Federal Labour Court, case from 06.09.2012, 2 AZR 101/83.
2 Kamanabrou in Arbeitsrecht, 2017, § 14 margin 735.