Is A ‘Neutral' Workplace Dress Code Discriminatory?

The European Court of Justice has ruled that a neutral dress code in the workplace that prevents employees from wearing religious clothing or symbols such as headscarves may not be direct or indirect discrimination on the ground of religion or belief if the employer fulfils a set of conditions.

On 13 October, the European Court of Justice ruled, in line with its previous case law, that a neutral dress code in the workplace does not constitute either direct or indirect discrimination based on religion or belief if the employer respects several cumulative conditions.

The background to this ruling was a dispute between an organisation that managed social housing and a Muslim woman who wore a headscarf. The woman applied for an internship, but the organisation did not consider her application because she stated during an interview that she would not take off her headscarf at work. The applicable work rules within the employer organisation contained a neutrality