EU court rules firms can ban headscarf

Luxemborg, March 14: European companies can ban employees from wearing religious or political symbols, including the Islamic headscarf, the EU’s top court ruled on Tuesday in a landmark case.

The European Court of Justice (ECJ) said it does not constitute “direct discrimination” if a firm has an internal rule banning the wearing of “any political, philosophical or religious sign.” The Luxembourg-based court was considering the case of a Muslim woman fired by the security company G4S in Belgium after she insisted on wearing a headscarf.

Rights group Amnesty International said the ECJ action was “disappointing” and would only encourage discrimination.

The wearing of religious symbols, and especially Islamic symbols such as the headscarf, has become a hot button issue with the rise of nationalist and sometimes overtly antiMuslim parties across Europe.

Some countries such as Austria are mulling a complete ban on the full-face veil in public while in France last year local authorities barred women wearing the burkini, the full-body swimsuit, fining those who did.

Manfred Weber, head of the centre-right European People’s Party, the biggest in the European Parliament, welcomed the ECJ finding as a victory for European values. “Important ruling by the European Court of Justice: employers have the right to ban the Islamic veil at work. European values must apply in public life,” he said in a tweet.

EQUAL TREATMENT

The ECJ was ruling on a case dating to 2003 when Samira Achbita, a Muslim, was employed as a receptionist by G4S security services in Belgium. At the time, the company had an “unwritten rule” that employees should not wear any political, religious or philosophical symbols at work, the ECJ said.

In 2006, Achbita told G4S she wanted to wear the headscarf at work but was told this would not be allowed. Subsequently, the company introduced a formal ban. Ms Achbita was dismissed and she went to court claiming discrimination.

The ECJ said European Union law does bar discrimination on religious grounds, but G4S’s actions were based on treating all employees the same, meaning no one person was singled out for application of the ban.

Meanwhile, Turkey has attacked the ruling. “The European Court of Justice decision on the headscarf today will only strengthen anti-Muslim and xenophobic trends,” President Recep Tayyip Erdogan's spokesman Ibrahim Kalin said in a tweet. — AFP