The ECJ has recently ruled in two new cases on the
framework for banning the wearing of religious signs at the
workplace.
According to the Anti-Discrimination Act and the underlying EU
directive establishing a general framework for equal treatment in
employment and occupation, employers may not discriminate against
employees on the grounds of, for example, religion and belief. In
these two cases, the ECJ was (once again) given the opportunity to
consider whether it may constitute discrimination if an employer
has implemented a policy of neutrality prohibiting the wearing of
political, ideological or religious signs.
The first case (referred by a court in Germany) concerned a
female special needs carer at a children's day care centre.
She had previously been given warnings and had been suspended
because she, contrary to the employer's policy of neutrality,
refused to take off the Islamic headscarf when she had contact with
parents or children at the day care centre.
