This article analyzes the impact of the European Court of Justice (“ECJ”) decision on the combined cases C-804/18 and C-341/19 on the religious restrictions that employers may lawfully impose on their workers. Both cases involve a German worker who was prohibited from wearing an Islamic hijab during their working time. The author points out to the complex response given by the ECJ as a result of the preliminary ruling requests filed by the Labor Court of Hamburg and the Labor Chamber of the German Supreme Court. Firstly, the ECJ rejects the idea that the fact that employers have general internal rules prohibiting employees from showing religious symbols is discrimination in light of the European laws, insofar there is no discrimination in their application. However, the Court acknowledges that the rule may impose a differential treatment on workers indirectly based on their religion, and in that case, to be legal, the employer has to show that it has a commercial need, not just a mere desire, to follow political, philosophical and religious neutrality. In addition, where the rule only bans large and showy symbols (e.g. hijabs, turbans, etc.), depending on how the rule is enforced, that could lead to direct religious discrimination. Throughout the article, the author gives his opinion on the matter highlighting that the decision creates substantial restrictions on employers to have their internal norms in accordance with EU law.
https://www.boe.es/biblioteca_juridica/anuarios_derecho/articulo.php?id=ANU-L-2021-00000001340
