Employers may prohibit employees to work with Muslim headscarves and other ostentatious worn religious, political or philosophical symbols. Like internally properly in the company is not discrimination. Discrimination, however, if the employer dismiss or punish an employee because of complaints from customers on this occasion.
It reads decision Tuesday by the European Court in Luxembourg. The decision of the magistrates concerns two cases - one was filed in Belgium by a Muslim woman hired as a receptionist of the company G4S and fired once began to cover her head. Another - in France by Muslim fired after a customer complained of her clothing.European magistrates decided that internal rule is not discriminatory because it applies to all workers and all political, philosophical and religious beliefs.
The justices noted that it is possible that this rule constitutes indirect discrimination if it appears that penalizes representatives of certain religions or belief - for example, if a Christian wants to wear a visible cross or T-shirt Jesus is great. However, such indirect discrimination can be justified, according to the court. Will the employer to demonstrate to customers neutrality is a legitimate aim and is part of the freedom to conduct a business recognized in the Charter of Fundamental Rights of the EU. This argument has even greater weight when just about employees working directly with customers, according to the court.
Luxembourg recommended that the national court, the Belgian case, whether those rules are applied consistently and whether the company was able to offer the employee another position that does not require visual contact with customers, rather than fire her.However, now can not retreat blindly and thoughtlessly over any requirements or expression of the will of others even if they are important customers Advocate General in his opinion.
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