EU's top court says employers CAN ban religious clothing

EU's top court says employers CAN ban religious clothing

July 15, 2021

EU’s top court says employers CAN ban religious clothing after two German women who wore Islamic headscarves launched legal battle

  • EU’s top court has ruled employers may forbid the wearing of visible symbols
  • Courts in member states should weigh up whether ban is ‘genuine need’
  • They must also consider the rights and interests of the employee 

The European Union’s top court has ruled that employers may forbid the wearing of visible symbols of religious or political belief, such as headscarves. 

But the Luxembourg-based tribunal said in its ruling that courts in the bloc’s 27 member states should weigh up whether the ban corresponded to a ‘genuine need’ on the part of the employer.

They must also consider the rights and interests of the employee, including by taking into account national legislation on freedom of religion, it said. 

The case was brought to the Court of Justice of the European Union by two women in Germany who chose to wear Islamic headscarves at their workplaces. One works as a special needs carer while the other is a sales assistant and cashier. 

The European Union’s top court has ruled that employers may forbid the wearing of visible symbols of religious or political belief, such as headscarves (file photo)

Both filed legal complaints before German courts, which in turn referred questions to the EU tribunal.  

The issue of the hijab, the traditional headscarf worn around the head and shoulders, has caused controversy across Europe for years and underlined sharp differences over integrating Muslims.  

In the cases brought to court, both Muslim women did not wear headscarves when they started in their jobs, but decided to do so years later after coming back from parental leave. 

They were told that this was not allowed, and were at different points either suspended, told to come to work without it or put on a different job, court documents show. 

The EU court had to decide in both cases whether headscarf bans at work representation a violation of the freedom of religion or were allowed as part of the freedom to conduct a business and the wish to project an image of neutrality to customers. 

Its response was that such bans were possible if justified by an employer’s need to present a neutral image. 

Luxembourg-based tribunal said in its ruling that courts in the bloc’s 27 member states should weigh up whether the ban corresponded to a ‘genuine need’ on the part of the employer

The court said: ‘A prohibition on wearing any visible form of expression of political, philosophical or religious beliefs in the workplace may be justified by the employer’s need to present a neutral image towards customers or to prevent social disputes.’ 

However, that justification must correspond to a genuine need on the part of the employer, it said. 

In the case of the care centre employee, the court said the rule at issue appeared to have been applied in a general and indifferentiated way, since the employer also required an employee wearing a religious cross to remove that sign. 

In both cases, it will now be up to national courts to have the final say on whether there was any discrimination. 

The EU court already ruled in 2017 that companies may ban staff from wearing Islamic headscarves and other visible religious symbols under certain conditions, sparking a backlash among faith groups. 

More than five million Muslims live in Germany, making them the largest religious minority group there.

They must also consider the rights and interests of the employee, including by taking into account national legislation on freedom of religion, it said

Headscarf bans for women at work have been a hotly contested issue in Germany for years, mostly with regard to aspiring teachers at state schools and trainee judges. 

This has not so far been a major theme in the campaign for this year’s legislative elections.  

Elsewhere in Europe, courts have also had a look into where and how headscarves can sometimes be banned at work. 

France’s top court upheld in 2014 the dismissal of a Muslim day care worker for wearing a headscarf at a private crèche that demanded strict neutrality from employees. 

France, home to Europe’s largest Muslim minority, prohibited the wearing of Islamic headscarves in state schools in 2004. 

However, Austria’s constitutional court has ruled that a law there banning girls aged up to 10 from wearing headscarves in schools was discriminatory.    

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