The EU court allowed the companies to impose a ban on wearing headscarves


The European court recognized the right of businesses to prohibit their employees to wear during work garments or other accessories, indicating their religious and political affiliation. The decision was published on the website of the European court.

The document States that such a requirement of companies to employees do not constitute direct discrimination if it is written in the internal rules of the company. However, if the requirement “to dress neutrally” is not spelled out by the internal regulation, the decision to fire an employee because he wears religious clothing or accessories, as well as for what demanded by the customers, the company is not legitimate and may be considered as discrimination.

In the court’s decision emphasized that the requirement to abandon the public display of religious accessories and signs should apply to all religious, political and philosophical perspectives, without distinction.

In this case, the European court noted that domestic courts may decide that the internal rules of companies reflect an implicit difference in the approaches to the staff of different religions. Such cases are the European court defines as “indirect discrimination”.

The decision of the court of justice was an appeal to the court employee of one of the Belgian companies. Her after several warnings was dismissed for wearing the hijab. She appealed to a Belgian court, and the judge of the court of Cassation of Belgium to the European court for clarification regarding the EU Directive on equal treatment in employment and employment.

In Belgium, as in France, since 2011, a ban on the wearing in public places clothing that covers the face.

In 2016, a similar ban was adopted by the Bulgarian Parliament. For the introduction of a partial ban on wearing the burqa at the end of November 2016, also voted in the lower house of the Netherlands, Reuters reported. The proposal still needs approval of the upper house of Parliament.

The European court of justice — the highest court of Acronius. His decisions apply to all of its 28 member countries.

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