Your boss can ban you from wearing headscarf or crucifix
A long-running battle over discrimination, and your right to wear religious clothing in the workplace, has reached the European Court of Justice. The advocate general has issued a statement, which seems to show that the court plans to rule that bosses can ban everything from headscarves to crucifixes - as long as they apply the ban equally to all religions.
The case developed when G4S, the security firm, sacked a Muslim receptionist in Belgium because she wanted to cover her head. Her headscarf fell foul of its dress code, which insists on religious and ideological neutrality, and as a result she was asked to leave.
The case went to the Court of Justice in Europe, where arguments have been heard. Now Juliane Kokott, the European Court of Justice's advocate general, has made a statement - which is a clear sign of how the court is likely to rule.
Kokott said the rule was not discriminating against her as a Muslim because: "A company rule such as that operated by G4S could just as easily affect a male employee of Jewish faith who comes to work wearing a kippah, or a Sikh who wishes to perform his duties in a turban, or male or female employees of a Christian faith who wish to wear a clearly visible crucifix or a T-shirt bearing the slogan 'Jesus is great' to work."
She added that the company did not have an obligation to find her work in the back office, or to introduce a headscarf into its uniform - because this would undermine the overall policy of neutrality.
Her statement indicated that companies are entitled to stop staff wearing any garments at all that make a religious, political or philosophical statement.
Dress codes
Dress codes have been causing controversy in recent weeks, after a woman was sent home last month for wearing flat shoes to work. Nicola Thorn was working as a temp for Portico, when she showed up at PWC offices to work as a receptionist.
She was told she must wear high heels in the office, and was asked to leave, so she set up a petition to make it illegal to force women to wear high heels - on the grounds of discrimination. The petition garnered more than 140,000 signatures, which means it will receive a reply from the government. Meanwhile, Portico changed its policy to allow women to wear flat shoes.
However, it remains perfectly legal for your employer to insist you adhere to a dress code - as long as the rules for men and women are broadly comparable - and as long as there are not overtones of religious or racial discrimination to the rules.
The latest development seems to reinforce this position: your boss can dictate what you wear, as long as the rules apply to everyone and don't discriminate. But what do you think? Is this fair? Let us know in the comments.
