EU states can ban religious symbols in public workplaces

The top European Union court has ruled that member states can prohibit their employees from wearing signs of religious belief. However, it added that another public administration would be justified if it decided to authorise the wearing of visible signs of political, philosophical or religious beliefs.

The European Court of Justice (ECJ) ruling came after a Belgian woman alleged the local municipality where she worked had infringed her religious freedom by telling her she couldn’t wear a hijab.

The municipality’s terms of employment required employees to observe strict neutrality, which means any form of proselytising is prohibited and the wearing of overt signs of ideological or religious affiliation is not allowed for any worker.

Hearing the case, the Labour Court in Liège said it was uncertain whether the condition of strict neutrality imposed by the municipality gave rise to discrimination contrary to EU law.

The ECJ answered that the authorities in member states had a margin of discretion to designate the degree of neutrality they want to promote.