EU court says bosses may ban headscarf

European firms can ban employees from wearing religious or political symbols including the Islamic headscarf, the EU's top court ruled on March 14 in a landmark case.

The European Court of Justice (ECJ) said it does not constitute "direct discrimination" if a firm has an internal rule banning the wearing of "any political, philosophical or religious sign." 

The situation is "turning into a crusader's attack against Islam," Turkish Trade Minister Bülent Tüfenkci said.

The Luxembourg-based court was considering the case of a Muslim woman fired by the security company G4S in Belgium after she insisted on wearing a headscarf.

The ECJ was ruling on a case dating to 2003 when Samira Achbita, a Muslim, was employed as a receptionist by G4S security services in Belgium.

At the time, the company had an "unwritten rule" that employees should not wear any political, religious or philosophical symbols at work, the ECJ said.

In 2006, Achbita told G4S she wanted to wear the Islamic headscarf at work but was told this would not be allowed.

Subsequently, the company introduced a formal ban. Achbita was dismissed and she went to court claiming discrimination.

The ECJ said European Union law does bar discrimination on religious grounds, but G4S's actions were based on treating all employees the same, meaning no one person was singled out for application of the ban.

"The rule thus treats all employees of the undertaking in the same way, notably by requiring them, generally and without any differentiation, to dress neutrally," the ECJ said.

"Accordingly, such an internal rule does not introduce a difference of treatment that is directly based on religion or belief," it said.

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