Employers can ban Muslim headscarves at work, says EU lawyer

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An employer can prevent a Muslim employee from wearing an Islamic headscarf if the ban is based on a general rule prohibiting political or religious symbols at work, according to a top European lawyer's opinion. This Belgian case, referred to the European Court of Justice (ECJ), involves a Muslim receptionist who was permanently contracted out to work for a third party. She informed her employer that she was going to begin wearing a headscarf in the workplace. The receptionist’s employer told her that the wearing of any visible religious symbols was contrary to its rules on neutrality, which applied during contact with clients. The employer subsequently amended its written rules on workplace dress and appearance. It introduced a uniform and banned workers from wearing any visible symbols expressing their political, philosophical or religious beliefs. The Muslim receptionist’s refusal to go to work without a headscarf ultimately resulted in her dismissal. She brought a domestic discrimination claim and Belgium’s labour appeal court referred her case to the ECJ. The Belgian court sought guidance from the ECJ on whether or not a rule forbidding all staff from wearing any visible political or religious symbols could lead to direct discrimination against Muslims who wish to wear a headscarf at work.