The European Court of Justice considered that the ban on the wearing of the Islamic headscarf in the workplace is not discriminatory.
On the contrary, the Luxembourg-based court noted that the ban on wearing the Islamic headscarf helps prevent social conflicts.
The court’s decision came in response to a complaint filed by two Muslim women living in Germany, one of whom is an employee in a pharmacy and the other is a nurse in a nursery school.
“The ban on wearing any visible expression of political, philosophical or religious beliefs can be justified by the employer’s desire to reflect an image of neutrality towards clients or to avoid social conflicts,” she said.
The court clarified that despite its decision, the employer will still have to decide whether to ban the company or institution’s “real need,” as the employer must prove that it is a “real need” and that without this ban, the company’s impartiality will be questioned.
“It is important for the employer to prove that in the absence of this policy of neutrality, his freedom to make his decisions will be disrupted because he will suffer negative consequences due to the nature of his activities or the environment in which he operates,” she said.
