The CJEU & hijabs at work: Achbita and Bougnaoui

The CJEU Grand Chamber has handed down preliminary rulings in the Belgian and French hijab cases.

The Court has leaned towards the employer in Achbita but towards the employee in Bougnaoui – reflecting the opinions of the two Advocates General.

Background: Achbita

G4S Secure Solutions NV is a Belgian company that provides security, guarding and reception services. Samira Achbita, a Muslim, worked as a receptionist for G4S and after three years she insisted that she should be allowed to wear a hijab at work. G4S prohibits employees from wearing any visible religious, political or philosophical symbols at work and, consequently, dismissed her. The Belgian Cour de Cassation/Hof van Cassatie, before which her wrongful dismissal appeal is pending, asked the CJEU for a preliminary ruling clarifying the prohibition under EU law of discrimination on the grounds of religion or belief, as follows: Continue reading