BRUSSELS // Private employers may ban staff from wearing the hijab and other visible religious symbols under certain conditions, the European Union’s top court ruled on Tuesday.
In its first ruling on what has become a major political issue across Europe, the Court of Justice (ECJ) found that a Belgian firm which had a rule barring employees who dealt with customers from wearing visible religious and political symbols in order to project a public image of neutrality may not be guilty of discrimination, if it met certain other conditions.
But the court found a French company which dismissed a software engineer for refusing to remove her hijab may have breached EU laws barring discrimination on religious grounds if it did so not because of a general internal rule but just because a particular client objected.
The judgment in the two joined cases came on the eve of an election in The Netherlands in which Muslim immigration has been a key issue and become a bellwether for attitudes to migration and refugees across Europe. France is due to elect a president next month and there too an anti-immigration party is riding high in opinion polls.
The Open Society Justice Initiative, a group backed by the philanthropist George Soros which had supported the women, said it was disappointed by Tuesday’s ruling. It said the decision “weakens the guarantee of equality that is at the heart of the EU’s anti-discrimination directive.”
“In many member states, national laws will still recognise that banning religious headscarves at work is discrimination. But in places where national law is weak, this ruling will exclude many Muslim women from the workplace,” said Maryam Hmadoun, policy officer at the organisation.
Referring to the case of Samira Achbita, who was dismissed as a receptionist in Belgium by services firm G4S, the European court said: “An internal rule of an undertaking which prohibits the visible wearing of any political, philosophical or religious sign does not constitute direct discrimination.”
But, it added, in the case of Asma Bougnaoui, who was dismissed by French software company Micropole: “In the absence of such a rule, the willingness of an employer to take account of the wishes of a customer no longer to have the employer’s services provided by a worker wearing an Islamic headscarf cannot be considered an occupational requirement that could rule out discrimination.”
In Ms Achbita’s case, the court said it was for Belgian judges to determine whether she may have been a victim of indirect discrimination if the rule put people of a particular faith at a disadvantage.
But the rule could still be justified if it was “genuinely pursued in a consistent and systematic manner” with a “legitimate aim”, such as projecting an “image of neutrality” as part of the company’s freedom to conduct business.
In Ms Bougnaoui’s case, the EU judges said it was up to French courts to determine whether she was fired for failing to comply with a similar internal rule.
If her dismissal was based only on meeting a particular customer’s preference, it saw “only very limited circumstances” in which a religious symbol could be objectively taken as reason for her not to work.
Inevitably, the reactions to the court rulings were mixed.
Amel Yacef, chair of the European Network Against Racism, said, “It effectively bars all Muslim women wearing the headscarf from the workplace. This is nothing short of a Muslim ban applied only to women in private employment. Muslim women already experience significant obstacles in finding and keeping a job and this decision will only make matters worse, giving employers a licence to discriminate.”
Carla Amina Baghajati, of the Austrian Islamic body IGGO said, “Participation in the workplace is a key to social cohesion, for women’s right to work and their inclusion in society. If this ruling is taken by employers as an invitation to take restrictive action, that would be a serious consequence for Muslim women who want to wear a headscarf because they would be shut out.”
John Dalhuisen of Amnesty International called the ruling disappointing and said it gave employers “greater leeway” to discriminate against women on grounds of religious belief. “At a time when identity and appearance have become a political battleground, people need more protection against prejudice, not less,” he said.
But Francois Fillon, the conservative candidate for the French presidency said the judgment “defends the secular nature of society and puts a stop to the pushing of religious interests ... It is a huge relief, not only to thousands of companies but also their employees. This judgment will surely contribute to social cohesion and peace throughout Europe, and notably France.”
And G4S, the company involved in the Belgian case said the ban did not apply throughout all its European operations, saying, “In many countries such as the UK where there is no strong tradition of religious and political neutrality, G4S permits the wearing of religious dress such as Islamic headscarves.”
* Reuters
About Tenderd
Started: May 2018
Founder: Arjun Mohan
Based: Dubai
Size: 23 employees
Funding: Raised $5.8m in a seed fund round in December 2018. Backers include Y Combinator, Beco Capital, Venturesouq, Paul Graham, Peter Thiel, Paul Buchheit, Justin Mateen, Matt Mickiewicz, SOMA, Dynamo and Global Founders Capital
Specs
Engine: Electric motor generating 54.2kWh (Cooper SE and Aceman SE), 64.6kW (Countryman All4 SE)
Power: 218hp (Cooper and Aceman), 313hp (Countryman)
Torque: 330Nm (Cooper and Aceman), 494Nm (Countryman)
On sale: Now
Price: From Dh158,000 (Cooper), Dh168,000 (Aceman), Dh190,000 (Countryman)
In numbers: PKK’s money network in Europe
Germany: PKK collectors typically bring in $18 million in cash a year – amount has trebled since 2010
Revolutionary tax: Investigators say about $2 million a year raised from ‘tax collection’ around Marseille
Extortion: Gunman convicted in 2023 of demanding $10,000 from Kurdish businessman in Stockholm
Drug trade: PKK income claimed by Turkish anti-drugs force in 2024 to be as high as $500 million a year
Denmark: PKK one of two terrorist groups along with Iranian separatists ASMLA to raise “two-digit million amounts”
Contributions: Hundreds of euros expected from typical Kurdish families and thousands from business owners
TV channel: Kurdish Roj TV accounts frozen and went bankrupt after Denmark fined it more than $1 million over PKK links in 2013
The specs
Engine: 6.2-litre supercharged V8
Power: 712hp at 6,100rpm
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Transmission: 8-speed auto
Fuel consumption: 19.6 l/100km
Price: Dh380,000
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- Premier League-standard football pitch
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Bio:
Favourite Quote: Prophet Mohammad's quotes There is reward for kindness to every living thing and A good man treats women with honour
Favourite Hobby: Serving poor people
Favourite Book: The Alchemist by Paulo Coelho
Favourite food: Fish and vegetables
Favourite place to visit: London
11 cabbie-recommended restaurants and dishes to try in Abu Dhabi
Iqbal Restaurant behind Wendy’s on Hamdan Street for the chicken karahi (Dh14)
Pathemari in Navy Gate for prawn biryani (from Dh12 to Dh35)
Abu Al Nasar near Abu Dhabi Mall, for biryani (from Dh12 to Dh20)
Bonna Annee at Navy Gate for Ethiopian food (the Bonna Annee special costs Dh42 and comes with a mix of six house stews – key wet, minchet abesh, kekel, meser be sega, tibs fir fir and shiro).
Al Habasha in Tanker Mai for Ethiopian food (tibs, a hearty stew with meat, is a popular dish; here it costs Dh36.75 for lamb and beef versions)
Himalayan Restaurant in Mussaffa for Nepalese (the momos and chowmein noodles are best-selling items, and go for between Dh14 and Dh20)
Makalu in Mussaffa for Nepalese (get the chicken curry or chicken fry for Dh11)
Al Shaheen Cafeteria near Guardian Towers for a quick morning bite, especially the egg sandwich in paratha (Dh3.50)
Pinky Food Restaurant in Tanker Mai for tilapia
Tasty Zone for Nepalese-style noodles (Dh15)
Ibrahimi for Pakistani food (a quarter chicken tikka with roti costs Dh16)
Company profile
Date started: 2015
Founder: John Tsioris and Ioanna Angelidaki
Based: Dubai
Sector: Online grocery delivery
Staff: 200
Funding: Undisclosed, but investors include the Jabbar Internet Group and Venture Friends
At a glance
Global events: Much of the UK’s economic woes were blamed on “increased global uncertainty”, which can be interpreted as the economic impact of the Ukraine war and the uncertainty over Donald Trump’s tariffs.
Growth forecasts: Cut for 2025 from 2 per cent to 1 per cent. The OBR watchdog also estimated inflation will average 3.2 per cent this year
Welfare: Universal credit health element cut by 50 per cent and frozen for new claimants, building on cuts to the disability and incapacity bill set out earlier this month
Spending cuts: Overall day-to day-spending across government cut by £6.1bn in 2029-30
Tax evasion: Steps to crack down on tax evasion to raise “£6.5bn per year” for the public purse
Defence: New high-tech weaponry, upgrading HM Naval Base in Portsmouth
Housing: Housebuilding to reach its highest in 40 years, with planning reforms helping generate an extra £3.4bn for public finances
The specs: 2017 Lotus Evora Sport 410
Price, base / as tested Dh395,000 / Dh420,000
Engine 3.5L V6
Transmission Six-speed manual
Power 410hp @ 7,000rpm
Torque 420Nm @ 3,500rpm
Fuel economy, combined 9.7L / 100km
Company Profile
Company name: NutriCal
Started: 2019
Founder: Soniya Ashar
Based: Dubai
Industry: Food Technology
Initial investment: Self-funded undisclosed amount
Future plan: Looking to raise fresh capital and expand in Saudi Arabia
Total Clients: Over 50
How much sugar is in chocolate Easter eggs?
- The 169g Crunchie egg has 15.9g of sugar per 25g serving, working out at around 107g of sugar per egg
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- The 188g Smarties egg has 113g of sugar per egg and 22.8g in the tube of Smarties it contains
- The Milky Bar white chocolate Egg Hunt Pack contains eight eggs at 7.7g of sugar per egg
- The Cadbury Creme Egg contains 26g of sugar per 40g egg
The White Lotus: Season three
Creator: Mike White
Starring: Walton Goggins, Jason Isaacs, Natasha Rothwell
Rating: 4.5/5