EU firms can ban the hijab

European judges have ruled that businesses on the continent can forbid employees from wearing the hijab, as long as it is part of a wider ban on headgear. 

In the bloc's latest ruling it has been stated that a general ban on headscarves would not discriminate against workers on religious grounds and would not break EU law. 

In certain cultures the hijab is seen as a symbol of religious faith and a sign of modesty by the women who wear it. A hijab would generally cover the head and neck, but not the face.

The court stated that, 'The rule does not constitute discrimination if it is applied to all workers in a general and undifferentiated way.'

The case hit the headlines after EU judges in Luxembourg gave a preliminary ruling in the case of a Muslim woman who applied for a six-week traineeship with a company in Belgium and was told she could not wear a hijab.

The individual reported 'discrimination' after her offer to wear a different form of head covering was rejected. Consequently, the European Court of Justice (ECJ) became embroiled in the case and they ruled that a ban on the hijab did not constitute direct discrimination, which would break Belgian anti-discrimination law. 

In 2021, the ECJ said that European firms could ban employees wearing the headscarf if they needed to project an image of neutrality to customers.

The Johnson Partnership

Nottingham Solicitors

01159 419141