Decision made in case of Muslim employee in Belgium states that restrictions must be applied equally
Government offices across the EU can ban employees from wearing religious symbols, such as Islamic headscarves, in the interest of neutrality, the EU’s top court has ruled, though it stressed that such restrictions must be applied equally to all employees and fit within the legal context of each member state.
The decision, published by the court of justice of the European Union on Tuesday, said such bans were permissible in order to enforce an “entirely neutral administrative environment”.
However, the court said that bans on clothing or symbols linked to philosophical or religious beliefs had to be applied evenly. “Such a rule is not discriminatory if it is applied in a general and indiscriminate manner to all of that administration’s staff and is limited to what is strictly necessary,” it said.
The court was asked to rule after a Muslim employee in the municipality of Ans, eastern Belgium, was told she could not wear a headscarf at work. Court documents noted her job involved little contact with the public.
Soon after, the municipality amended its terms of employment to require that all employees observe strict neutrality. The employee lodged a complaint with a local court, describing the ban as discriminatory and voicing concerns that her right to freedom of religion had been infringed.
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