A company may prohibit the wearing of religious or philosophical signs internally if the rule applies to all employees. The European Court of Justice (ECJ) declared in Luxembourg on Thursday that religion and belief are one and the same possible reason for discrimination. It was about a Muslim woman in Belgium who could not get an internship because of her headscarf.
In the company, a housing company, employees are not allowed to express their worldview with their clothing. The applicant was also not allowed to wear any other type of headgear. She filed a complaint with a labor court in Brussels. There, the court asked the ECJ to interpret European law.
The labor court must assess the situation
The latter saw no direct prohibited discrimination in such a company’s internal regulation. However, there can be indirect unequal treatment if people of a particular religion or belief are particularly disadvantaged. The labor court must decide whether this is the case. Even indirect unequal treatment need not constitute discrimination if it is objectively justified.
According to the ECJ, a national court may attach more importance to religion or belief than to entrepreneurial freedom in its assessment. However, he may not split the legally defined grounds for discrimination “religion, worldview and spirituality” into different areas.
Ban allowed under certain aspects
In this specific case, the Belgian court must now decide. It is bound by the legal advice of the ECJ. As early as 2021, the ECJ ruled that companies may prohibit the wearing of religious symbols in the workplace if this affects their entrepreneurial freedom.
Source: Krone
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
