Hijabs and headscarves banned in European companies, EU High Court rules

The ruling was based on a litigation when a Muslim woman appealed to a Belgian court

European Union companies can ban headscarves in the workplace as long as it is a general ban that does not discriminate against workers, Europe’s top court, the European Court of Justice (ECJ) said today, the latest ruling on an issue that has divided Europe for years. The case involved a Muslim woman who was told she could not wear a headscarf when she applied for six-week training at a Belgian company.

The company said it has a neutrality rule, which means no head covering is allowed on its premises, be it a cap, hat, or scarf. The woman appealed to a Belgian court, which then sought the opinion of the Court of Justice of the European Union.

The Court of Justice of the European Union ruled that there should be no direct discrimination in such a ban.

“A business by law that prohibits the conspicuous use of religious, philosophical, or spiritual symbols does not constitute direct discrimination if it applies to all employees in a general and non-discriminatory manner,” the judges said.

The EU Court of Justice ruled last year that EU companies can ban workers from wearing headscarves under certain circumstances if they need to do so to present an image of neutrality to their customers.

In Germany, headscarf bans on women have been a contentious issue for years, mostly affecting female public school teacher candidates. France banned the use of the headscarf in public schools in 2004.