Discrimination based on religion or belief, internal workplace regulations concerning religious symbols
Bougnaoui and ADDH Case C-188/15
Facts:
The complainant was a design engineer with the French information technology company. She decided to wear a hijab at work. She was asked by her superviser to take the hijab off when meeting with a specific client. The client’s staff complained about her appearance before. She refused to do so and as a consequence her employment contract was terminated.
Findings of court:
The court ruled that the wishes of an undertaking’s customer no longer to have the services provided by a worker wearing an Islamic headscarf cannot be considered as a genuine and determining occupational requirement within the meaning of the Framework Directive.
In relation to the possible violation of the prohibition of indirect discrimination it is for the national court to assess whether there were all criteria fulfilled that would allow for justification of this treatment.
Implications:
The exception of genuine and determining occupational requirement must be interpreted in a narrow way and can be applied only in the situations where religion or belief are objectively dictated by the nature of the occupational activities concerned or of the context in which they are carried out.