Top EU court adviser says employers may ban religious clothing

Published: June 2nd, 2016

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The European Union's top legal adviser has said that employers may ban the wearing of headscarves, crucifixes and other forms of religious attire.

The non-binding opinion was made in relation to a case involving a security firm, G4S, that fired a Belgian Muslim receptionist who wanted to wear a headscarf. The European Court of Justice's advocate general, Juliane Kokott, said that G4S did not breach EU anti-discrimination laws.

The European Court of Justice (ECJ) is the EU's highest court, and is separate to the European Court of Human Rights, which is not run by the EU. The ECHR has previously upheld religious expression, when in 2013 it upheld a British Airways hostess' right to wear a cross at work.

'Religious and ideological neutrality'

Ms Kokott said that G4S was entitled to dismiss Samira Achbita for disobeying uniform policy, by announcing she would wear a headscarf at work.

"A ban on wearing headscarves in companies may be admissible if the ban is based on a general company rule which prohibits political, philosophical and religious symbols from being worn visibly in the workplace. Such a ban may be justified if it enables the employer to pursue the legitimate policy of ensuring religious and ideological neutrality," the advocate general said.

"A company rule such as that operated by G4S could just as easily affect a male employee of Jewish faith who comes to work wearing a kippah, or a Sikh who wishes to perform his duties in a turban, or male or female employees of a Christian faith who wish to wear a clearly visible crucifix or a T-shirt bearing the slogan 'Jesus is great' to work."

She added: "While an employee cannot 'leave' his sex, skin colour, ethnicity, sexual orientation, age or disability 'at the door' upon entering his employer's premises, he may be expected to moderate the exercise of his religion in the workplace."

Christian Concern's Chief Executive, Andrea Williams, highlighted how this view reflects an increased tendency to moderate any public expression of faith.

"This raises questions as to the future of religious expression in the workplace and indeed in any form of public life. In the UK, many Christians are being effectively told to leave their faith at the door when they come to work - an attitude that contradicts our calling as believers to proclaim the good news of the Gospel in every aspect of our lives."

Religious freedom

The European court said that the Belgian court must take into account the country's "national identity", as well as "the size and conspicuousness of the religious symbol" when making the final ruling, which is expected later this year.

In France, religion and state are separated by law. Muslim headscarves and other “conspicuous” religious symbols at state schools were banned in 2004.

Last year, Germany's highest court struck down a 2004 ban on headscarves for state school teachers.

The ECJ advocate general's opinion gives a strong indication of how the court will finally rule. If it upholds Ms Kokott's opinion, this would have further implications for religious freedom for Christian, Jews and Sikhs, as well as Muslims working in the EU. It may also conflict with the ECHR's stance on religious freedom.

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Top EU court adviser says employers may ban religious clothing

'Religious and ideological neutrality'

Religious freedom