European Employment Law Cases

Case Reports

2016/25 Prohibition against displaying religious symbols breaches anti-discrimination legislation for lack of proportionality (BE)

Keywords Discrimination on the grounds of religion or belief
Authors Gautier Busschaert
Author's information

Gautier Busschaert
Gautier Busschaert is a lawyer with Van Olmen & Wynant in Brussels, www.Vow.be.
  • Abstract

      A general prohibition against displaying religious, political and philosophical symbols constitutes indirect discrimination which fails to meet the proportionality requirement. In this case the court took account of the fact that it was possible for the employer to distinguish between back-office and front-office work (the claimant worked in a back office position) and also because of the absence of complaints by colleagues or clients and the absence of any attempt by the claimant to encourage other women to wear a headscarf.

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