Bosses can ban headscarves at work, court rules

An internal rule which prohibits the visible wearing of any political, philosophical or religious sign does not constitute direct discrimination, judges concluded.

The European Court of Justice (ECJ) judgment was sparked by the case of a woman who was fired from her job as a receptionist at G4S in Belgium.

Samira Achbita was dismissed in June 2006 after insisting on wearing the Islamic headscarf at work.

She challenged her dismissal in the Belgian courts, which referred the case to the 
ECJ in relation to interpretation of an EU directive on equal treatment in employment and occupation.

The Court of Justice found that G4S’s internal rule refers to the wearing of visible signs of political, philosophical or religious beliefs and therefore covers any manifestation of such beliefs without distinction.

A press summary setting out the ECJ’s findings said: “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.

“It is not evident from the material in the file available to the court that that internal rule was applied differently to Ms Achbita as compared to other G4S employees.

“Accordingly, such an internal rule does not introduce a difference of treatment that is directly based on religion or belief, for the purposes of the directive.”