LIVE STREAMING
A file photo shows a Yemeni woman walking past mannequins sporting hijabs in Sana'a, Yemen, on Mar. 8, 2017. EPA/YAHYA ARHAB

EU Court rules private companies banning religious attire not discriminatory

The European Court of Justice on Tuesday ruled that it was not discriminatory for private companies to ban their employees from wearing anything with religious…

MORE IN THIS SECTION

Mourning in Colombia

Piñatas For Everyone

A Latino in the Stars

Hispanic Role Model

A Latino Storyteller

Pau Gasol enters the HOF

SHARE THIS CONTENT:

The European Court of Justice on Tuesday ruled that it was not discriminatory for private companies to ban their employees from wearing anything with religious, political or philosophical meaning.

This would mean that private companies would have the right to fire employees wearing the Islamic veil should they decide that all religious symbols are not permitted at work.

However the Court said that such an internal rule would be discriminatory should it cause disadvantages to people with particular beliefs. In this week issue, AL DIA runs a story on the history and reality of the hijab, and how the vail has become a symbol of identity for Muslim women. 

"An employer's desire to project an image of neutrality towards both its public and private sector customers is legitimate, notably where the only workers involved are those who come into contact with customers," said a Court statement.

However it added that, if the rule only applied to certain parts of a job, such as only employees who deal with customers having to follow it, then companies should try to find alternative positions for those who wish to wear religious, political or philosophical attire instead of outright dismissing them.

EU court's workplace headscarf ban ruling was hailed by right wing parties, as it came on the eve of Dutch elections, where Muslim immigration has been a contentious issue. In France, where the race to succeed President François Hollande remains wide open, politicians on the right seized on the issue.

François Fillon, the presidential candidate who has taken a hardline stance on Islam’s place in France, welcomed the judgment, reported The Guardian. On the day he was placed under formal investigation for misuse of public funds he he said in statement that it was “an immense relief, not just for thousands of companies but also for their workers”. He said the ruling would be “a factor in cohesion and social peace”, particularly in France.

The case was brought to the EU Court after Samira Achbita, from Belgium, sued her former employers, the private company G4S, who fired her when she began to wear an Islamic veil.

She had been working there for several years when she decided to wear the veil, and when she informed her employers they told her this went against their internal rules against all political, philosophical and religious attire.

When she continued to wear the headscarf, they fired her.

"It is not evident from the material in the file available to the Court that internal rule was applied differently to Ms Achbita as compared to other G4S employees," said the Court.

A Belgian national court is now to decide whether G4S were right to fire her, or if they should have found her alternative employment away from customers where she could continue covering her hair without losing her job.

  • LEAVE A COMMENT:

  • Join the discussion! Leave a comment.

  • or
  • REGISTER
  • to comment.
  • LEAVE A COMMENT:

  • Join the discussion! Leave a comment.

  • or
  • REGISTER
  • to comment.
00:00 / 00:00
Ads destiny link