WALL – The European Court docket of Justice, the very best judicial physique of the European Union (EU), has dominated that an employer can prohibit workers from carrying a headband, as per the coverage of impartiality included within the working laws on the office. In keeping with the court docket, the corporate’s ban on all workers with out discrimination from visibly carrying non secular, ideological or non secular indicators isn’t thought-about outright discrimination. The European Court docket of Justice took its determination, introduced as we speak, attributable to a dispute that has been occurring in Belgium since 2018.
In keeping with Yusuf Özkan from BBC Turkish, a Muslim girl named L. F utilized for an internship at an organization that manages social housing. The corporate rejected the applying of the lady, who stated in the course of the interview that she wouldn’t take off her headband whereas she was doing her internship. Just a few weeks later, LF supplied to put on a unique kind of headband, however the firm turned it down, stating that “the carrying of caps, hats, or headscarves isn’t allowed in workplaces.”
Thereupon, the lady utilized to the labor court docket, arguing that the corporate violated the Basic Anti-Discrimination Legislation. The Belgian court docket additionally utilized to the European Court docket of Justice, asking whether or not “the prohibition on indicators or clothes with non secular connotation doesn’t instantly discriminate on the premise of faith”. The Court docket of Justice declared that “there isn’t a direct discrimination the place an organization prohibits all workers from carrying visibly non secular, ideological or non secular markings with out discrimination”.
In keeping with the court docket, an employer can prohibit its workers from carrying a headband if a coverage of neutrality is enshrined in labor laws. The court docket emphasised that the prohibition of expression of non secular or ideological beliefs applies to all workers universally and with out discrimination, and that it doesn’t embrace discrimination.