EU court defends woman who was fired for refusing to remove headscarf

BRUSSELS: Asking a Muslim employee to remove her headscarf when dealing with clients amounts to unlawful direct discrimination, a legal adviser to the European Union’s top court said in a written opinion on Wednesday. 

The case arose when Asma Bougnaoui,  a female employee of a French IT consultancy was fired after refusing to remove her headscarf when meeting clients, BBC reported. She challenged this before a French court, which referred the case to the European Court of Justice.  

"There is nothing to suggest she was unable to perform her duties as a design engineer because she wore an Islamic headscarf," Advocate General Eleanor Sharpston wrote.  Opinions by the Court’s advocates general are advisory but it usually follows their advice in drawing up a final ruling. 

While a company could impose a neutral dress code if it pursued a legitimate aim, Sharpston said it was hard to see how such a measure could be seen as proportionate in the present case. 

Bourgnaoui was hired by the company in 2008 where she was told that she might not be able to wear a headscarf during work. She refused and she was dismissed in 2009. After losing her job she filed a case in the French court.

France bars civil servants from wearing clothing indicating religious belief, such as a headscarf or a Jewish skullcap, but not employees in the private sector. Companies can set dress codes but their exact legal status is disputed.