Employers are allowed to ban staff from the “visible wearing of any political, philosophical or religious sign” – including headscarves and burkas, Europe’s top court has ruled.
The ruling came in its first decision on the issue of women wearing Islamic headscarves at work.
However, the ban must be based on internal company rules requiring all employees to “dress neutrally”, said the European Court of Justice (ECJ), and cannot be based on the wishes of a customer.
The decision comes the day before the general election in Holland in which Muslim culture and the ‘Islamification’ of Europe has been one of the most widely debated issues.
France and Belgium have already banned the burka in public places while in Lombardy, northern Italy, it has been banned in hospitals and government offices.
Throughout Europe, support for Muslim immigration has dipped significantly.
A study this year of more than 10,000 people by London-based think-tank The Royal Institute of International Affairs found that 55 per cent of Europeans across 10 countries think further immigration from mostly-Muslim countries should stop
The ECJ gave a joined judgment in the cases of two women, in France and Belgium, who were dismissed for refusing to remove headscarves.
“An internal rule of an undertaking which prohibits the visible wearing of any political, philosophical or religious sign does not constitute direct discrimination,” the Court said in a statement.
“However, in the absence of such a rule, the willingness of an employer to take account of the wishes of a customer no longer to have the employer’s services provided by a worker wearing an Islamic headscarf cannot be considered an occupational requirement that could rule out discrimination.”
