EU court rules employees’ headscarves can be banned in some cases

Companies in the European Union can ban employees from wearing religious symbols, including headscarves, to present a “neutral image,” the EU’s top court said Thursday.

In a case involving two Muslim women in Germany, EU Court of Justice ruled that employers can ban people from wearing religious symbols under certain conditions. The two women — a special needs worker and a sales assistant — had been suspended from their jobs for wearing headscarves, according to Reuters.

#ECJ : 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 or to prevent social disputes – wearing of #Headscarves
https://t.co/ATb3CgbPxg

— EU Court of Justice (@EUCourtPress) July 15, 2021

The women were reportedly told their headscarves were not allowed, and given the choice of suspension or returning to work without the headscarves. German national courts will now decide whether the incidents involved workplace discrimination. 

Thursday’s ruling said the ban could only be in effect if the company’s policy prohibited all religious symbols. However, the policy must demonstrate a genuine need on the part of the employer.

“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,” the court said.

The court also said its decision might have a greater impact on people as it could lead to discrimination in other ways.

“It points out, in that regard, that such limited prohibition is liable to have a greater effect on people with religious, philosophical or non-denominational beliefs which require the wearing of a large-sized sign, such as a head covering. … the prohibition of wearing those signs based on the criterion will mean that some workers will be treated less favourably than others on the basis of their religion or belief, which would amount to direct discrimination, which cannot be justified,” the court said.

Headscarves in the workplace have been an ongoing issue in Europe. An EU court ruled in 2017 that companies can ban employees from wearing Islamic and other visible religious symbols, according to The Guardian. The decision sparked backlash beyond Europe, with critics arguing the ruling was discriminatory.