THE European Union’s top court ruled today that bosses can, in limited circumstances, ban their employees from wearing “religious or political symbols,” such as Islamic headscarves.

In its ruling, the Court of Justice of the European Union (CJEU) said that EU member states’ courts should decide on whether the ban corresponds to a “genuine need” on the part of the employer, adding that they must also consider the rights of the employee and national legislation on the freedom of religion.

Maryam H’madoun of the Open Society Justice Initiative described the ruling as discrimination masquerading as neutrality.
 
“Laws, policies and practices prohibiting religious dress are targeted manifestations of Islamophobia that seek to exclude Muslim women from public life or render them invisible.
 
“A rule that expects every person to have the same outward appearance is not neutral. It deliberately discriminates against people because they are visibly religious.
 
“Courts across Europe and the UN human rights committee have emphasised that the wearing of a headscarf does not cause any form of harm that would give rise to a ‘genuine need’ by an employer to implement such practices.