Hijab can be banned at work under certain conditions, said top EU court
A prohibition on wearing any visible form of expression of political, philosophical or religious beliefs in the workplace may be justified by the employer's need to present a neutral image towards customers or to prevent social disputes," the court said.
"Companies may ban Muslim employees from wearing a headscarf under certain conditions", the European Union's (EU) top court observed on Thursday in a ruling on two cases brought by women in Germany who were suspended from their jobs for wearing one.
Both Muslim women , a special-needs carer at a childcare centre in Hamburg run by a charitable association, and a cashier at the Mueller drugstore chain did not wear headscarves when they started in their jobs, but decided to do so years later. They were told that this was not allowed, and were at different points either suspended, told to come to work without it, or find a different job.
The EU court had to decide in both cases whether headscarf bans at work represented a violation of the freedom of religion or were allowed as part of the freedom to conduct a business and the wish to project an image of neutrality to customers. Its response was that such bans were possible if it was justified by an employer's need to present a neutral image.
"A prohibition on wearing any visible form of expression of political, philosophical or religious beliefs in the workplace may be justified by the employer's need to present a neutral image towards customers or to prevent social disputes," the court said.
The EU court already ruled in 2017 that companies may ban staff from wearing hijabs and other visible religious symbols under certain conditions, sparking a backlash among faith groups.
More than five million Muslims live in Germany, making them the largest religious minority group there. Headscarf bans for women at work have been a hotly contested issue in Germany for years, mostly with regard to aspiring teachers at state schools and trainee judges.
France, home to Europe's largest Muslim minority, prohibited the wearing of hijabs in state schools in 2004. However, Austria's constitutional court has ruled that a law there banning girls aged up to 10 from wearing headscarves in schools was discriminatory.