New ruling regarding the banning of headscarves at work

An employer may prohibit the wearing of a headscarf at work, but only through a neutrality policy that covers all visible religious, political, and philosophical symbols — applied consistently and with demonstrable, concrete necessity. A ban that only affects the headscarf and, for example, permits a cross, constitutes prohibited discrimination. This was confirmed by the European Court of Justice, in line with earlier case law from 2021. Below, you can read what this means for employers.

What did the Court of Justice decide?

The European Court of Justice ruled that public authorities, such as a municipal government, may restrict the wearing of religious symbols in the workplace. The condition: the ban must apply to *all* religious symbols. Therefore, a municipality may not ban a headscarf while simultaneously allowing a necklace with a cross. This ruling is in line with a judgment from 2021, in which the Court confirmed the same principle for private employers.

The common thread: a neutral appearance of the staff can be a legitimate goal, but the policy must be coherent and systematic and must not go beyond what is necessary.

Can an employer prohibit a headscarf at work?

Yes, but only under strict conditions. A ban that specifically targets the headscarf is direct discrimination on the grounds of religion and is not permitted. A general neutrality policy that prohibits every visible expression of religion, politics, or belief is permissible — provided it meets these requirements:

• General and neutral: it applies to all visible symbols, regardless of size or visibility.
• Applied consistently: no exceptions or selective enforcement.
• Legitimate purpose: for example, a neutral image towards customers or citizens.
• Proportional: it must not go further than strictly necessary to achieve that goal.

Similar rules apply to the broader banning of certain clothing, tattoos, or hairstyles in the workplace.

The burden of proof lies heavily with the employer

The Court sets the bar high. An employer must be able to demonstrate that there is a legitimate and concrete necessity for the policy. A general desire to “appear neutral” is not sufficient in itself. The employer must substantiate that visible symbols have an actual negative effect on business operations or on how the organization is perceived externally.

This requirement of substantial justification prevents employers from imposing restrictions lightly. Anyone wishing to introduce a neutrality policy must therefore thoroughly justify it and tailor it to their own company situation.

How do you correctly implement a neutrality policy?

• Document the policy in writing, for example in an employee handbook, so that it is clear and unambiguous.
• Formulate it generally: all visible religious, political, and philosophical expressions.
• Substantiate the legitimate purpose and necessity for your specific organization.
• Apply it consistently to everyone — deviating undermines the entire substantiation.
• Involve the Works Council or employee representatives where necessary.

Frequently Asked Questions

May I only ban headscarves and allow other symbols?

No. A ban specifically targeting the headscarf is direct discrimination on the grounds of religion and is not permitted. A ban must treat all visible religious and philosophical symbols equally.

Does this also apply to customer contact, or not?

Particularly for positions involving intensive contact with customers or the public, a neutral appearance is more likely to be considered a legitimate objective. Nevertheless, the employer remains required to demonstrate the necessity; a general ban for the entire company is more difficult to justify than a restriction for specific, outward-facing positions.

Can I dismiss an employee who does not follow the policy?

Sanctions or dismissal are risky and only conceivable if the policy is legally sound and consistently applied. If this is not the case, you run a high risk of a discrimination claim. Therefore, seek legal advice in advance before taking any measures.

Assistance with policy regarding religious symbols at work

This matter is sensitive and legally complex: it revolves around the balance between freedom of religion and your company's desire to appear neutral. The legal experts at MKB Juristen help you draft clear and legally sound regulations and assist you in any potential dispute with an employee. View our employment law or schedule a no-obligation intake.