It is possible to prevent wearing the Islamic headscarf in the workplace. Under certain conditions, but it can be prohibited. From the Court of Justice of the EU comes a ruling destined to cause debate, but which helps to clarify a much debated issue. The Luxembourg judges do not make it a particular question, but a general one. They recognize the ban on wearing “any visible form of expression of political, philosophical or religious beliefs” in the office.
Whether it is an Islamic veil, a crucifix, a symbol of the party you are voting for, there is a possibility that the employer may prevent you from wearing it. A provision that “can be justified by the employer’s need to present himself in a neutral way towards clients or to prevent social conflicts”, says the sentence.
In this case, however, the principle of “all or none” must be applied. A company neutrality policy does not in principle establish a difference in treatment between workers based on a criterion inextricably linked to religion or personal beliefs. In essence, there is no discrimination. Therefore, in order to prevent the Islamic veil, it is necessary to ensure that no other employee displays visible symbols of other faiths.
Furthermore, justification for the prohibition “must respond to a real need of the employer”, which the employer must demonstrate. In particular, explains the EU Court, it is necessary to prove that in the absence of a corporate neutrality policy, the company would suffer unfavorable consequences.
There are other conditions to be followed in order to ban Islamic veils and the like. Meanwhile, the stop “must be limited to what is strictly necessary”, and then it must take place for all symbols and not only for large or showy ones such as the Islamic veil, otherwise there would be de facto discrimination.
In any case, the last word belongs to the various country systems. Having established the general principle, the courts of Luxembourg cannot, for the moment, enter into the merits of particular cases. Thus, national courts can take into account the specific context of the respective Member State and, in particular, the more favorable national provisions as regards the protection of freedom of religion.