A lawyer of the European Court of Justice ruled it is acceptable for an organisation to prevent Muslim female employees from wearing religious headscarves, as long as all religious and political symbols are banned across the entire organisation.

This type of ban would not be considered “direct discrimination” and could be “justified in order to enforce a policy of religious and ideological neutrality,” according to the non-binding decision.

This particular case follows Samira Achbita, a secretary who worked for G4S.  Achbita was dismissed in 2006 after she refused to remove her religious headscarf.  Although at the time of the dismissal this rule was unwritten, the company claimed her refusal to remove the headscarf violated their dress code. 

The day after Achbita’s dismissal, G4S updated its code of conduct to ban “any visible signs of their political, philosophical or religious beliefs.”  Achbita sued the Belgian division of the company with the support of the Infederal Organisation for Equal Opportunities.  Achbita claimed she was discriminated against on religious grounds.

A G4S spokesperson said that all the company was trying to accomplish by implementing such dress code rules was to create an inclusive environment where people felt comfortable.

Achbita v G4S won’t see a final resolution or ruling until later this year, but it is sure to be a landmark human resources decision.