Intrusive questions about the headscarf are discriminatory in an application procedure. That was the ruling of the Vienna Regional Court for Civil Affairs. The Muslim complainant, who wanted to train as a child care worker, was awarded 2,000 euros in compensation.
The then 19-year-old woman, who had gained experience as a kindergarten teacher, wanted to further qualify and complete her training as a child care worker in Vienna. During the application process, she was “repeatedly asked in a discriminatory manner about her headscarf” and was urged to “prefer to take it off,” according to the Litigation Association press release. The young Muslima did not get the internship, but filed a lawsuit because of her experience. She was assisted in this by the Ombudsman Service for Equal Treatment and the Islamophobia and Anti-Muslim Racism Documentation Unit.
According to the Litigation Association, the court found discrimination based on sex and religion under the Equal Treatment Act (GlBG). The training provider appealed, but this was rejected. “Repeated, intrusive questions about the headscarf have no place in an application procedure. The court clarified that this may constitute prohibited discrimination based on gender and religion,” said Theresa Hammer, chief of law enforcement at the Litigation Association.
In addition, it was determined that access to training also falls under protection against discrimination, not just the implementation.
Ask mostly from Muslima
According to the head of the Equal Treatment Ombudsman, Sandra Konstatzky, 74 percent of questions about religion come from Muslims. 90 percent of these relate to the experiences of Muslim women.
Source: Krone

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