Headscarf ban in workplace is legal, says EU’s top court

Employers are entitled to ban workers from wearing visible religious symbols including headscarves, Europe’s top court has ruled.

However, the European Court of Justice said the ban must be based on internal company rules requiring all employees to “dress neutrally” and not on the wishes of customers.

It is the court’s first decision on the issue of Islamic headscarves at work.

The Court of Justice (ECJ) gave a joined judgment in the cases of two women, in France and Belgium, who were dismissed for refusing to remove headscarves.

“An internal rule of an undertaking which prohibits the visible wearing of any political, philosophical or religious sign does not constitute direct discrimination,” the Court said in a statement.

“However, in the absence of such a rule, the willingness of an employer to take account of the wishes of a customer no longer to have the employer’s services provided by a worker wearing an Islamic headscarf cannot be considered an occupational requirement that could rule out discrimination.”