The ruling is the 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.
The court said in a statement: “an internal rule of an undertaking which prohibits the visible wearing of any political, philosophical or religious sign does not constitute direct discrimination.
“However, 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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