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The EU's highest court ruled that companies can ban employees from wearing religious headscarves to maintain 'neutrality'

Jul 16, 2021, 15:54 IST
Insider
Protest from Muslim students called HijabisFightBack in Brussels, Belgium, June 5, 2020. Demonstration from Muslim students and sympathizers against the ban from the judgment of the Constitutional Court against the headscarf ban at Brussels university college. Jonathan Raa/NurPhoto via Getty Images
  • The EU's highest court ruled that companies can ban staff from wearing visible religious symbols to maintain "neutrality."
  • The case was brought to court by two German women who were told by their managers to remove their headscarves.
  • In 2017, the same court also ruled that asking employees to remove religious coverings was not discrimination if it was part of a general policy.
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The European Union's highest court ruled on Thursday that private companies can prohibit staff from wearing headscarves in the name of maintaining religious neutrality.

"An employer's desire to display, in relations with customers, a policy of political, philosophical or religious neutrality may be regarded as a legitimate aim," the Court of Justice of the European Union based in Luxembourg wrote in a statement.

The case was brought to the court by two German Muslim women who were told to remove their headscarves, or hijabs, by their managers at work. In both cases, they only started wearing headscarves at work after returning from their maternity leave, reported The Guardian.

According to the court, one of them - who worked as a special needs carer - was suspended twice and given a written warning. The center had also previously banned the wearing of all religious symbols, including the cross.

Another, who worked as an assistant and cashier at a chemist, was told by her employee that she was not allowed to wear anything that displayed obvious political, philosophical, or religious signs.

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The two cases were first brought to local German courts before being passed on to the Court of Justice of the European Union.

This is not the first time the EU court has ruled in favor of employers regarding the removal of garments that displayed or signified religious or political symbols.

In 2017, the same court also ruled that asking employees to remove religious coverings was not discrimination as long as it was part of a general policy banning all religious and political symbols.

Religious coverings are a contentious issue in Europe, with Muslim groups arguing that it is mandatory in their religion and should be respected. Austria, France, and Belgium have banned full-faced veiled coverings, but hijabs are allowed.

The Council of European Muslims did not immediately respond to a request for comment by Insider.

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