EU: companies can prohibit the wearing of headscarf on the basis of internal regulations (CJEU judgement)

The editorial team is offering you free access to this article
Start your free 1-month trial to access all our content

In a judgement handed down on 13 October, the Court of Justice of the European Union dismissed a claimant who brought a case in Belgium concerning a dispute over the conclusion of an internship agreement. The claimant, who wore an Islamic headscarf, said she had been discriminated against on the grounds of religious belief. Although the recruiters had expressed a positive opinion on her application, no action was taken. She had indicated that she would refuse to remove her headscarf, although the company had made this a prerequisite for her hiring, pointing to internal regulations prohibiting the display of religious or philosophical beliefs. Not ruling on the merits, the Belgian court referred the matter to the CJEU, asking whether this general ban on the part of the company could constitute discrimination in breach of Directive 2000/78, when a person wearing a “visible sign (with connotations)” is treated less favourably than another worker who has no “need” to display their beliefs publicly. Relying on its case law (see articles n°10112 and n°12632), the Court sets two conditions for such a prohibition: the undifferentiated application of the rule according to beliefs and the demonstration by the company of a “legitimate aim”. The CJEU accepted these two conditions in this case, as the company argued that it wished to “display, in relations with both public- and private-sector customers, a policy of political, philosophical or religious neutrality”.

Document to download
CURIA – Documents
Download
Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
EU: insurance sector social partners commit to addressing violence and harassment at work
The news. The trade union UNI Europa Finance and the employers’ federations Insurance Europe, Amice and Bipar signed an addendum to their 2022 joint declaration on diversity and inclusion on...
18 September 2026
Juliette Baudry (Boiron): “An intergenerational mechanism to better accommodate different life stages”
Since 1 September 2026, employees of the pharmaceutical group Boiron (1,700 employees in France) have benefited from a “key life moments account”. Resulting from an agreement signed last February...
18 September 2026
France: final document on the work of the Labour, Employment and Pensions Conference
After six months of discussions between French social partners, the guarantors of the Labour, Employment and Pensions Conference submitted the conclusions of the discussions to the Prime Minister...
17 September 2026
EU: Commission proposes a list of worker-related criteria for public procurement
The news. On 9 September, the European Commission published a proposal for a regulation aimed at unifying European public procurement law, which accounts for 15% of European GDP. It is notably set...
17 September 2026
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
France: Medef puts forward proposals to improve management quality
On 31 August, Medef, French main employers' organisation, published a practical guide to managerial skills, which it considers to be a driver of economic performance for businesses. Concerned by...
2
AI: uneven integration but a global challenge for the world of work
The adoption of artificial intelligence (AI) in business is profoundly transforming the world of work, and some occupations are now under threat. However, the full extent of its effects remains...
3
Netherlands: towards a ban on housing cost deductions from migrant workers’ wages
The news. On September 10, Dutch Minister of Social Affairs and Employment Hans Vijlbrief (centre-left) sent a letter to the House of Representatives, stating that he intends to prohibit employers...
4
Germany: AfD victory in Saxony-Anhalt raises concerns over labour supply and workplace cohesion
The rise of Germany’s far-right AfD, which could soon gain influence over migration policy in Saxony-Anhalt and, following elections on September 20, in Mecklenburg-Western Pomerania as well, is...
5
UE: Commission proposes measures to facilitate “fair” worker mobility across the Union
The info. On 15 September, the European Commission adopted a series of measures aimed at encouraging “fair” worker mobility within the EU. It wants to remove the administrative...
6
Denmark: introduction of a professional ID card for construction site workers
The news. On 3 September, the Danish Parliament adopted a bill introducing a mandatory professional ID card for people working on large construction sites. The card will include, among other...