EU companies can ban the visible wearing of religious signs, including headscarves, if the rules apply to all workers, the European Union's top court said on Thursday, the latest ruling on an issue that has divided Europe for years.
However, it said that if one religion is effectively discriminated against by the ban then companies may need to demonstrate to a court that there is a legitimate need for it.The ruling centred on a case concerning a Muslim woman who was told when she applied to do a six-week work traineeship at a Belgian company that she would not be allowed to wear a headscarf.
The woman took her grievance to a Belgian court, which subsequently sought advice from the Court of Justice of the European Union in Luxembourg. However, the court said an employer's neutrality rule could be deemed indirectly discriminatory if it results in someone of a particular religion or belief being put at a disadvantage.
The court said a difference in treatment of employees would not constitute indirect discrimination if it were objectively justified by a legitimate aim on the part of the company, which the employer would have to demonstrate.
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