April 23
2021
Trajan Shipley
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26th February 2021
Employment & Immigration Human Rights Justice & Litigation

AG Rantos: employers can prohibit wearing headscarves as part of a ‘policy of neutrality’ in the workplace

Advocate General Rantos has delivered his Opinion in Joined Cases IX v WABE e.V (C-804/18) and MH Müller Handels GmbH v MJ (C-341/19), advising the Court of Justice to rule that in the context of a ‘policy of neutrality’ toward the expression of political, philosophical and religious signs, an employer can prohibit female employees from wearing islamic headscarves in the workplace, insofar they may be considered as ‘large-scale religious signs’.

Both cases concern female employees who on return from maternity leave, decided to wear a headscarf. Both employers prohibited on a general basis the wearing of any visible signs of their political, philosophical or religious beliefs in the workplace including, inter alia Christian crosses

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