Tag Archives: Islamic headscarf

Discrimination for wearing Islamic headscarf (re Bougnaoui v Micropole SA)

We recently posted a blog on the case of Achbita v G4S (which can be found here), in which the Advocate General gave the opinion that a ban on all religious, political and philosophical symbols did not amount to direct discrimination against a Muslim woman who wished to wear a headscarf. She noted that it could be indirectly discriminatory but was objectively justified.

A different Advocate General has now given a contrasting opinion in the similar case of Bougnaoui v Micropole SA, concluding that dismissing an employee for wearing an Islamic headscarf at work, in breach of an instruction not to, was directly discriminatory. This opens up further debate on the wearing of religious clothing and symbols in the workplace.

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