EU Court: Workplace Ban on Religious Symbols Not Discriminatory if Applied Equally

The decision rendered by the Court is related to the complaint filed by a woman who, despite her positive results in a job interview, was denied the internship because she wore the veil and did not want to remove it to comply with the company’s neutrality requirement. Given the precedents in the field, the court preferred to obtain clarification from the Court of Justice of the European Union (CJEU) on equal treatment in employment.

According to the Court, a work regulation that prohibits the wearing of any visible sign of political, philosophical or religious convictions in the workplace constitutes direct discrimination based on religion or beliefs, when it is not applied generally and is addressed to a specific target. The CJEU adds that it can "constitute indirect discrimination based on religion or beliefs" if it actually disadvantages people of a particular religion.

The Court also suggests that to avoid any accusation of discrimination, it is up to the employer to demonstrate this "need", which cannot be limited to a simple desire for neutrality in the company. The CJEU had already looked at a similar case in Germany last year. It had indicated that the ban on wearing the Islamic veil in the workplace can help avoid social conflicts.