Restrictions on the Wearing of Religious Signs at Work

Abstract

The Court of Justice of the EU ruled in two recent cases on the question of whether the wearing of a religious sign, such as an Islamic headscarf, can be prohibited by employers. In both cases, a female employee was dismissed because of wearing a Muslim headscarf during working hours despite previously having been ordered by her respective employer to refrain from doing that. In its rulings the Court set out, that an internal rule of a company which prohibits the visible wearing of any political, philosophical or religious sign does not constitute direct discrimination. Nevertheless, it can amount to indirect discrimination if it puts at a particular disadvantage persons who adhere to a given religion or belief. However, the Court emphasised that no indirect discrimination can be established where a difference of treatment that is indirectly based on religion or belief is justified by a legitimate aim and if the means of achieving that aim are appropriate and necessary. The Court also pointed out that in the absence of such a company rule, the willingness of an employer to take account of the wishes of a costumer not to get the employer’s services from a worker wearing an Islamic headscarf should be considered direct discrimination.