Everything You Need to Know About Discrimination Due to the Hijab and Possible Legal Action in Germany

The hijab, as a religious symbol, is an essential part of freedom of religion and belief, which is protected by Article 4 of the German Basic Law (Grundgesetz).
Nevertheless, many Muslim women in Germany face challenges in the labour market, in educational institutions and in public life because they wear a hijab.
This makes discrimination due to the hijab a sensitive legal and social issue.

What is discrimination due to the hijab?

Discrimination due to the hijab means treating a woman unfairly, excluding her or acting with bias against her solely because she wears a hijab – whether:

• at work,

• during training or studies,

• or in everyday and public life.

Practical examples of discrimination

• Rejecting job applications because of the hijab, even when the applicant is fully qualified

• Demanding removal of the hijab as a condition for hiring or continuing employment

• Insulting comments or bullying from colleagues or customers

• Banning the hijab in certain private or public institutions without a valid legal justification

What does the law say?

Basic Law (Grundgesetz – GG)

• Article 4 protects freedom of belief and religious practice, which includes wearing the hijab.

General Equal Treatment Act (AGG – Allgemeines Gleichbehandlungsgesetz)

• Prohibits discrimination on the basis of religion or belief at all stages of employment, including:

  • job advertisements

  • the recruitment process

  • ongoing employment

  • promotion

  • termination of the employment relationship

When can restrictions on the hijab be imposed?

Restrictions are only allowed in very limited exceptional cases, for example:

• Where the hijab presents a concrete safety risk at work (e.g. jobs requiring strict protective clothing and high accident risk).

• Where very strict religious neutrality is required in certain areas of the public service – and even then only under narrow, controversial conditions and based on careful case-by-case assessment.

A blanket ban on the hijab without objective justification will usually violate the AGG and fundamental rights.

What should you do if you experience discrimination?

1. Collect evidence

• Keep e-mails, rejection letters and job advertisements

• Write down conversations and offensive remarks in detail

• Ask colleagues or witnesses for written statements, if possible

2. File an internal complaint

• File a complaint with the HR department

• or with the works council (Betriebsrat) if the discrimination occurs at the workplace

3. Seek advice

Contact:

• the Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes)

• a lawyer specialised in labour law and anti-discrimination law

• women’s counselling centres, refugee support groups or Muslim organisations

4. Take legal action

• Under the AGG, you generally have two months from the discriminatory incident to assert your claim.

• After that, you can file a claim for compensation at the Labour Court (Arbeitsgericht) within three months from the internal complaint.

Possible compensation

If discrimination is proven, the affected person can claim:

• Non-material compensation (Entschädigung) – for example, for the violation of dignity and psychological distress

• Material damages (Schadensersatz) – for example, for financial losses such as a missed job opportunity or lost income

Additional forms of support

You can also seek help from:

• Trade unions

• Women’s counselling centres

• local anti-discrimination initiatives and migrant or Muslim organisations

Conclusion

Discrimination due to the hijab is a clear violation of fundamental rights and equal-treatment principles in Germany.
If you face such a situation, remember: the law is on your side, and there are legal and social mechanisms in place to protect you.
Every step you take helps build a more just and respectful environment for everyone.

Key German terms

• Grundgesetz (GG): German Basic Law / Constitution

• Allgemeines Gleichbehandlungsgesetz (AGG): General Equal Treatment Act

• Betriebsrat: Works council / employee representation

• Arbeitsgericht: Labour court

• Entschädigung: Non-material compensation

• Schadensersatz: Material damages

* The editorial team of the website strives to provide accurate information based on extensive research and multiple sources. However, errors or incomplete information cannot be entirely ruled out. Please treat this text as an initial guide and always contact the competent authorities or legal professionals for binding, up-to-date advice.