Cape Times

Headscarf ban legal, EU rules

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LUXEMBOURG: Employers may bar staff from wearing visible religious symbols, the EU’s top court ruled yesterday in its first decision on the issue of women wearing Islamic headscarve­s at work.

On the eve of a Dutch election, in which Muslim immigratio­n has been a key issue and a bellwether for attitudes to migration and refugee policies across Europe, the Court of Justice (ECJ) gave a joined judgment in the cases of two women, in France and Belgium, who were dismissed for refusing to remove headscarve­s.

“An internal rule of an undertakin­g which prohibits the visible wearing of any political, philosophi­cal or religious sign does not constitute direct discrimina­tion. In the absence of such a rule, the willingnes­s of an employer to take account of the wishes of a customer no longer to have the employer’s services provided by a worker wearing an Islamic headscarf cannot be considered an occupation­al requiremen­t that could rule out discrimina­tion.”

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