THE European Union’s top court ruled today that bosses can, in limited circumstances, ban their employees from wearing “religious or political symbols,” such as Islamic headscarves.

In its ruling, the Court of Justice of the European Union (CJEU) said that EU member states’ courts should decide on whether the ban corresponds to a “genuine need” on the part of the employer, adding that they must also consider the rights of the employee and national legislation on the freedom of religion.

Maryam H’madoun of the Open Society Justice Initiative described the ruling as discrimination masquerading as neutrality.
 
“Laws, policies and practices prohibiting religious dress are targeted manifestations of Islamophobia that seek to exclude Muslim women from public life or render them invisible.
 
“A rule that expects every person to have the same outward appearance is not neutral. It deliberately discriminates against people because they are visibly religious.
 
“Courts across Europe and the UN human rights committee have emphasised that the wearing of a headscarf does not cause any form of harm that would give rise to a ‘genuine need’ by an employer to implement such practices.

“To the contrary, such policies and practices stigmatise women belonging to or perceived to belong to Europe’s racial, ethnic and religious minorities, increasing the risk of higher rates of violence and hate crimes, and risking the intensifying and entrenching of xenophobia and racial discrimination and ethnic inequalities.
 
“Employers who implement these policies and practices should tread carefully, as they risk being found liable for discrimination under both European and national laws if they can’t demonstrate a genuine need for a religious dress ban.”

The case was brought to the CJEU by two German women who were told by their employers not to come to work in their headscarves. One of the women worked at a day care centre, the other at a pharmacy.