EU: ECJ advocate general Sharpston invites the court to adopt a very narrow position over banning the wearing of an Islamic headscarf

On 13 July, in the conclusions delivered concerning a French case, the Advocate General Eleanor Sharpston invited the ECJ to rule that the ban by an employer on its employee from wearing an Islamic headscarf constituted unlawful discrimination and could only be justified under certain restricted circumstances (occupational health and safety issues for example). This is not the case here where the ban corresponded to a client’s request not to receive the IT consultancy company’s services from women wearing headscarves. The advocate general did not see the employer’s business interest as being sufficient grounds for this type of discrimination.
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

A French affair. A female employee in the IT consultancy company was sacked for having worn a hijab and for refusing to remove it when she would be meeting the client or working at the client’s premises at a later date. The client in question had asked not to receive the company’s services from an employee wearing a headscarf. Both of France’s primary legal instances upheld the employment termination. The Court of Cassation decided to postpone its ruling and asked the ECJ to determine if the IT

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
Vincent Lecerf (Orange): “Equality and diversity are competitive advantages for us”
Following the signing of a new agreement on professional equality and diversity in December, the chief HR officer of French multinational telecommunications corporation Orange Group, Vincent...
13 January 2026
United Kingdom: government urged to legislate against forced labour
After consulting victims, businesses and NGOs, the Independent Anti-Slavery Commissioner (IASC) has published a report showing that the UK is lagging behind in the fight against forced labour. The...
13 January 2026
Poland: reform introduces possibility of working for another employer while on sick leave
On 7 January, the President of Poland promulgated an amendment to the country’s social insurance act. The reform aims to clarify the activities permitted during sick leave, so that...
France: social partner talks extend far beyond contractual terminations
After a false start on 3 December, French social partners resumed talks on 7 January 2026 on potential changes to the unemployment insurance agreement, including the rules governing compensation...
12 January 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: sectors feel economic slowdown to differing degrees
The latest data on France’s occupational sectors (branches professionnelles), covering the year 2023, show how employment trends are shaping workplace dynamics. After a more favourable period for...
2
Germany: apprenticeship openings fall sharply in manufacturing and chemicals
From 1 January 2026, Dutch collective agreements for temporary employment agencies will alter the employment conditions of temp workers. Agencies will be required to pay these workers at least the...