×

We've got news for you.

Register on SowetanLIVE at no cost to receive newsletters, read exclusive articles & more.
Register now

Asking employee to remove headscarf is discrimination - EU court advisor

eNCA reporter Nontobeko Sibisi. Picture Credit: Nontobeko Sibisi on Twitter
eNCA reporter Nontobeko Sibisi. Picture Credit: Nontobeko Sibisi on Twitter

Asking a Muslim employee to remove her headscarf when dealing with clients amounts to unlawful direct discrimination, a legal advisor to the European Union’s top court said in a written opinion on Wednesday.

The case arose when a female employee of a French IT consultancy was fired after refusing to remove her headscarf when meeting clients. She challenged this before a French court, which referred the case to the European Court of Justice.

“There is nothing to suggest she was unable to perform her duties as a design engineer because she wore an Islamic headscarf,” Advocate General Eleanor Sharpston wrote.

Picture of the day: Newsrooms urged to #RespeckTheDoek

Opinions by the Court’s advocates general are advisory but it usually follows their advice in drawing up a final ruling.

While a company could impose a neutral dress code if it pursued a legitimate aim, Sharpston said it was hard to see how such a measure could be seen as proportionate in the present case.

France bars civil servants from wearing clothing indicating religious belief, such as a headscarf or a Jewish skullcap, but not employees in the private sector. Companies can set dress codes but their exact legal status is disputed.

Would you like to comment on this article?
Register (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.