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Court: Woman can wear headscarf at work

Published: 18 Oct 12 12:20 CET | Print version
Online: http://www.thelocal.de/society/20121018-45639.html

A German dental practice which refused to hire a young Muslim woman because she insisted on wearing a headscarf at work broke the law, it was reported on Thursday. The court ruling is the first of its kind for the country.

A young Berlin woman applied last summer for a traineeship to become a dental assistant. Despite being qualified and getting along with staff, she was told that she could not have the position unless she removed her headscarf, the Tagesspiegel newspaper said.

This was religious discrimination, the city's labour court ruled. A headscarf was not an “arbitrary piece of clothing” but an expression of her beliefs and wearing it was part of her right to religious freedom.

Refusing to employ because of her headscarf was in breach of the Equal Treatment Act, the judge said.

The court also rejected the suggestion that headscarves could pose a hygiene risk to patients. There was no more chance of transferring bacteria with a scarf than there was via human hair, the judge said.

The Spandau-based dental surgery argued that they had a right to religious neutrality in the clinic. But the judge said that as “it was in no way a religious institution,” this was not valid.

Other women who had appealed for the right to wear a headscarf at work have lost in the past, generally because they had taken church-related employers to court.

The woman applied for the position in the summer of 2011. When she was rejected she decided, with help from the Turkish Association of Berlin and Brandenburg, to take the practice to court.

The Local/jcw

What do you think? Leave your comment below.


Your comments about this article:

#1
13:15 October 18, 2012 by adipk
come on guys let start a long discussion. I am waiting for funny, biased, FOR/ Against comments. Waiting.....
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#2
13:15 October 18, 2012 by michael4096
If this were the right to wear a crucifix then most readers will praise this as freedom of expression. However, I'm sure that within six posts it'll turn into the destruction of civilization as we know it...
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#3
13:25 October 18, 2012 by Berzerker
Comment removed by The Local for breach of our terms.
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#4
13:29 October 18, 2012 by yllusion
I hope that people also understand that for certain activities, where special clothing is required, they should not put themselves above the rules, above safety and above many other aspects important for the task, and think that it is legitimate to compromise it in order to preserve their individual preferences. Many people like to dress in different ways because of many different ideologies, and most of them respect what the jobs require, and so should the people who have dressing preferences according to religious ideologies. Respect has to come from both ways.
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#5
13:32 October 18, 2012 by tedesco
Bullsh**! I will do like the Austrian dude and start wearing a pasta strainer at work to see what they'll do.

Here: http://www.bbc.co.uk/news/world-europe-14135523

Bottom line: If I own a business I can't decide what is appropriated and what is not to my employees wear? Cool.
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#6
13:36 October 18, 2012 by zeddriver
I see nothing wrong with her wearing her headscarf. In the US one can always spot a European gal due to the fact it might be 25-30deg. And they will still be wearing a neckscarf over a tee shirt. Think of all the nasty little bits of old schnitzel and cigarette ash that are roaming around it that just waiting to fall onto you.
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#7
13:36 October 18, 2012 by keeps71
Whether it's a crucifix or a headscarf - NEITHER belong in the workplace, if that is the dress code of the employer. See British Airways case at ECHR. This is disastrous for society. Now religious fanatics are given the 'right' to wear what they like and employers must respect their religious symbols. Let's say I was a follower of Pastafarianism and my religion told me to wear a colander on my head - but my employer fired me because of it - would the German courts uphold my right to wear a colander on my head at work? This is totally ridiculous. If you allow this what else will you allow? Trying to be politically correct and 'embrace' multiculturalism does not mean giving people carte blanche to reorder society as they please. I am not anti-muslim. I am anti-theist and that means contempt of all religions. Can we please leave these bronze-age myths behind us and grow up? http://t.co/jZE9pheN
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#8
13:48 October 18, 2012 by Zubair Khan
1.This was religious discrimination, the city's labour court ruled. A headscarf was not an ¦quot;arbitrary piece of clothing¦quot; but an expression of her beliefs and wearing it was part of her right to religious freedom.

2. Refusing to employ because of her headscarf was in breach of the Equal Treatment Act, the judge said.

3. The court also rejected the suggestion that headscarves could pose a hygiene risk to patients. There was no more chance of transferring bacteria with a scarf than there was via human hair, the judge said.

All above observation by respected judge are valid and true. One must salute to this judge who upheld the freedom of expression and religion. Well done honourable judge keep it up. The good decision by German court has also been posted to www.themuslimtimes.org for wider circle of Muslim readers. Well done Germany keep it up.
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#9
13:56 October 18, 2012 by lucksi
NEVER tell people why you are not hiring them. You can be sued for that.

Don't want to employ women, old people, foreigners, religious people? That's fine unless you tell them why. Then it's court time.
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#10
13:59 October 18, 2012 by michael4096
6 posts was pessimistic - it took only one post for the predictions of doom.

The article makes it quite clear that if there is a good reason for limiting a person's right to wear whatever they want then it's ok. However, as an employer, you don't have the right to make arbitrary rules that limit the freedoms of others.

"I am anti-theist and that means contempt of all religions." Fine. But, that isn't the issue. The issue is contempt for people with thoughts and ideas different to your own. Or, do you, like the religious extremists you (and I) detest, think that you are so right that you should force others to do things your way?
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#11
14:13 October 18, 2012 by freechoice
the state can decide if a man or woman is not wearing anything in public. but why is the state deciding what a man or woman is wearing in public? hell had no fury for a woman scorn. is the state out of its minds?
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#12
14:30 October 18, 2012 by Dizz
hey keeps71, you remind me of a girl i knew in NY, all tie-dye and vegan and people should have the right to think what they like and do what they choose unless that is they choose to have a job and work hard at becoming successful. in other words "you can do anything you like... that i like." kind of like you wanting everyone to give up their bronze age myths (where did you get that by the way?) for yours.
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#13
14:50 October 18, 2012 by blueadun
Comment removed by The Local for breach of our terms.
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#14
15:45 October 18, 2012 by ChrisRea
@ tedesco #5

"If I own a business I can't decide what is appropriated and what is not to my employees wear? Cool." - Strange, right? I also heard that it is illegal to treat women and men differently. Why? It is my business, so I own my employees. Wait, it is not Middle Age and they are not my slaves. Damn, I keep forgetting that.

@ blueadun #13

"If they want to work and live here they should try to integrate and not force their values." - So, if I move to Münich, I need to become a catholic? And if I state that I am agnostic, it means I am forcing my values on the people of Münich? Then I guess it is a good thing I am living in Berlin.
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#15
15:57 October 18, 2012 by yourkeau
Whining about Muslims that do not want to integrate/find a job and that they sit on benefits and whining about Muslims that want to work wearing headscarf is not possible. You, dear Tea party commenters, should make a choice what you want to complain about.

This is a perfect example of how a German employer failed to integrate into multicultural German society.
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#16
16:16 October 18, 2012 by Berlin fuer alles
Comment removed by The Local for breach of our terms.
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#17
17:34 October 18, 2012 by tedesco
@ChrisRea

So. If you own a bank and I work there, can I work with shorts, hawaii t-shirt and stuff. Right?

But if you disagree, then I'll sue you saying that I'm a follower of Cthulhu and demand my religion freedom.

As a business owner you should be able to say what is APPROPRIATED. Being a lawyer in clown cloths will probably bad for you. But hey, middle ages and stuff.
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#18
17:38 October 18, 2012 by keeps71
@Michael4096

My reason for making my position clear was to pre-empt accusations of me being called anti-Muslm. I am perfectly aware what the issue is here and it is not "contempt for people with thoughts and ideas different to your own." It is about them forcing their religious beliefs on others which is why I referred you to the BA case. I am not telling anyone how to dress or what to believe, but they are promoting their religious beliefs. The crucifix case is here http://www.telegraph.co.uk/news/religion/9520026/Christians-should-leave-their-beliefs-at-home-or-get-another-job.html: ¦quot;There is a difference between the professional sphere where your religious freedoms necessarily abut onto and confront other interests and the private sphere. The employees concerned could indeed pursue all the generally recognised manifestations of their religion outside the work sphere.¦quot;

@Dizz See above. And all Abrahamic religions are myths just as Greek and Roman gods are.
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#19
17:39 October 18, 2012 by Onlythetruth
Kudos to a german employer who does not want to integrate into a multikulti society in germany. What I don't understand is why this particular firm did not pick someone else for the job who didn't need to wear a headscarf and not give any further information about the matter. With a united front this woman would have sooner or later learned to apply for work without a headscarf fetish proviso.

Jihad consists of a broader spectrum than just violent confrontation. Bit by bit, piece by piece western culture is being pushed to the back of the bus with the connivence of clueless useful idiots like this court.
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#20
18:13 October 18, 2012 by ChrisRea
@ tedesco #17

So I own a bank and you work there. May I decide that starting Monday you should work wearing only underwear? I guess not.

Rules regarding clothes at work can be imposed only if they impact the actual work, not based on personal preferences of the business owner. Wearing a scarf does not prevent the woman to do her job as dental assistant at high standards. So the business owner does not have a right to discriminate her based on a religious piece of clothing. Just like one cannot be discriminated because he/she has red hair. You are there to do your job well, not to fulfill fantasies. And yes, workers having rights is one of the differences between today and Middle Age. Even if some of us are not mentally prepared for the present.
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#21
19:14 October 18, 2012 by Englishted
The headscarf is not part of the religion of Islam,correct?

"but an expression of her beliefs and wearing it was part of her right to religious freedom. "

So how can it be a religious freedom ?, it is a cultural issue not a religious issue but I can see a problem arising in the future with people wanting to wear burkas at jobs where they are not suitable but will claim it is a religious right.
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#22
20:19 October 18, 2012 by Berlin fuer alles
Comment removed by The Local for breach of our terms.
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#23
21:50 October 18, 2012 by franconia
Comment removed by The Local for breach of our terms.
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#24
22:08 October 18, 2012 by ChrisRea
@ Englishted #21

I am no expert in Quaran, but I think it contains the idea of limiting the display of female charms. According to what I found through Google, it seems that in a hadith, Mohammed clarifies that it is a female religious duty to cover her head. So apparently it is a religious thing.

But, just as you said, even if it was only a cultural thing, the idea is the same. If it does not prevent you to perform your job correctly, then it cannot be banned.
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#25
04:12 October 19, 2012 by sqwimpy
The problem that the employer did was actually to state why they wouldn't take her. If they don't want to accept scarfs, just say I am sorry, but I found someone more qualified. What gets employers in trouble is elaborations. They don't have to state why.

For the first 90 days they don't even have to state why they have to let you go, but employers still elaborate too much and get themselves in trouble.

If you like to continue to get yourself into trouble, keep talking.
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#26
10:10 October 19, 2012 by mafketis
Comment removed by The Local for breach of our terms.
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#27
11:04 October 19, 2012 by michael4096
@keeps71 - I understood what you were saying but still think that you are wrong - it is *all* about respect for people. As it happens, I agree with you about religions. Though it isn't just religions. The USSR forced people to work the way they thought right for non-religious reasons. China even told everybody what to wear at work for non-religious reasons.

Of course, some rules must be enforced in order for society to function - these are the laws we value. The problems start when a group decides that they are so right that they will force others into whatever they believe even when there is no reason as far as society goes.

You, and I, and millions of others, have our ideas about religions and we are entitled to them. However, millions of others have different ideas to which they are also entitled. This girl wants to wear a headscarf. The court determined that there was absolutely no societal reason why she shouldn't do so - it didn't interfere with the job, it wasn't unhygienic, no reason what-so-ever. She isn't doing anything do anybody else, leave her alone - the court says. And, I agree. Those wanting to stop this girl have lots in common with the Taliban they hate so much - they are just trying to force their ideas on others for ideological reasons. Though, I do agree that posters on this forum probably wouldn't resort to violence the way some of the Taliban do :-)

As far as the BA case, it is just the same. If crucifixes are worn but otherwise play no part in anything - who cares? However, there have been a number of other cases in the UK that are more worrying such as a notary and some nurses refusing homosexuals for religious reasons - these definitely come into the interfering with the ability-to-do-the-job category.
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#28
13:17 October 19, 2012 by Heinrich der Zweite
Due to Islamic scarf controversy in France, would the Berlin French Embassy

be permitted in forbidding the wearing of a headscarf of a civilian working within it's walls? If so, should this now be allowed according to the courts decision. Or are embassies immune from the laws of the countries they reside in?
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#29
13:27 October 19, 2012 by JWS
As an employer I should be able to say what is appropriate to wear, and do. If she doesn't like the rules she can find another job. If there is no law against headscarves, then what is the problem? I believe a law against headscarves would be inappropriate. Anyway, head scarves restrict peripheral vision and could cause an increase in physical injuries.

Why does one have the right to work in a foreign culture and tell them they must accept your culture?
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#30
14:28 October 19, 2012 by charlenej
What does her headscarf have to do with anything? Is it going to reach out and grab you and your children? What are you people on about? This is the most paranoid bunch ever.

It's a headscarf. There are so very many other things to get ones knickers in a twist about.

If Germany wants to stay white and homogenous, then let them. But 2 articles up it says they are in desperate need of skilled workers since their aren't enough White, non-headscarf wearing Germans that meet standard.

Progress. Once you stop being so scared of every little change, you'll realize that the sky isn't falling and you may even see some up side to immigration *gasp*
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#31
15:42 October 19, 2012 by ron1amr
I can't see a reason to wear a head scarf when you are working indoors. The women will look far more attractive without them. Normally when I see a woman wearing a head scarf, I think of Brian's mother from life of Brian (Monty Python) Oh that movie is ahead of its time because we are seeing more and more of these people mixed into our society. Or are they mixing in?
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#32
17:08 October 19, 2012 by michael4096
"Why does one have the right to work in a foreign culture and tell them they must accept your culture?"

Why does one have the right to say your culture is foreign but mine is *superior*?

Because I work for you, why does that mean you own me to the extent you can determine clothes I wear?
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#33
17:22 October 19, 2012 by Dylan Kay Webster
Many of the comments infer that this young woman "wants" to wear a headscarf.

This is really much more than her personal choice. It involves her acceptance by her family, her group, her culture.

We can only imagine what would happen to her if she took off the scarf.

How likely is it that boyfriend, or husband or family or friends would take this casually?

How much pressure does each of us have to conform to our family and social group? More than we may be aware of.

We humans are groupies, it's just the way it is. Yet we can also open our minds and try to understand and accept people who think differently than we do.

Ultimately it is for our own benefit.
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#34
17:37 October 19, 2012 by yllusion
It is not about superiority. When you are being hosted at somebody else's home, which rules do you follow? Yours or theirs? The visitors have to respect the culture and the standards of the people who are welcoming them. It is as simple as that. And it is like that virtually everywhere in the world. You cannot impose your rules in somebody's home because that is disrespectful. Countries have a historical, religious and cultural backgrounds which took centuries to be built and therefore foreigners have to understand this and respect this. Otherwise, if they are not comfortable, the door is open! They don't have to stay! And this doesn't mean that we don't like them. But people are not equal in this world. We are all humans, that is true, but we are far from being equal in culture, standards, values, etc. Luckily there are no religions which impose people walking around naked! But perhaps if it was the case, the common sense would be more obvious and respect would be more clearly demanded.
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#35
17:49 October 19, 2012 by michael4096
"Many of the comments infer that this young woman "wants" to wear a headscarf."

Correct. Because, that is what we know. The rest of your rant is racist conjecture.

"When you are being hosted at somebody else's home..."

Who's home? We have no idea! The girl wants to wear a headscarf - what gives you the right to determine that she isn't at home? My mother wears a headscarf! Does that mean she isn't 'at home'?
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#36
23:34 October 19, 2012 by ChrisRea
@ yllusion

"When you are being hosted at somebody else's home, which rules do you follow? Yours or theirs? The visitors have to respect the culture and the standards of the people who are welcoming them."

That is a good point. It is exactly what the lady in case did - she followed the rule of non-discrimination, as it is stated in the Equal Treatment Act. The employer failed to integrate into the German society and, respectively, to follow German values and he was punished through the reported court decision. If he wants to push his non-professional values on his employees, he has to move to another country, definitely outside EU. If he wants to stay, he has to show respect to human rights.
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#37
04:08 October 20, 2012 by Flint
Are there any Germans left in Germany?
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#38
10:14 October 20, 2012 by Englishted
@ ChrisRea#24

Classic problem of interpretation , in some countries a burka is must (religion or culture) whereas in other places no headgear at all is acceptable (Western Turkey) .

I find this more of a fashion statement ,in the U.K. some years back many many young men were wearing the outfit of Rastafarianism but it died out .
Report abuse »
#39
19:07 October 20, 2012 by P.B.
If the judgement went the other way what would Nuns do who work in non Catholic Hospitals?

Would they be forced to remove their Habit?

Seriously, who cares. If she is qualified and the best candidate for the job I really don't care what she wears.
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#40
20:35 October 20, 2012 by ChrisRea
@ Englishted #38

Yes, you are right, in some places Muslims have to follow the religious rules to the letter, whereas in some other things are more lax. However, if they choose to strictly follow the religious rules (or at least this rule in this case), they should be allowed to, as long as it is not illegal.
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#41
22:31 October 20, 2012 by sonriete
I recall that there have been laws passed and upheld very recently in southern Germany prohibitng teachers from wearing headscarves in the classroom. I wonder how is it the "equal treatment act" applies in one case but not the other?

@ChrisRea;

They have been passing laws banning headscarves in various parts of the EU, especially France and Belgium and like I said even in Southern Germany for years now, I'm not so sure he would have to leave the EU to have his way.
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#42
22:47 October 20, 2012 by SouthernKnight
As an Ahmadi Muslim, I have to say that the rules for the hijab are in the Qur'an and it is quite clear that a woman should cover her head and bosom. Consequently, any countries where they make it illegal to do so have left Islam. But, that makes it all the more applaudable that a Christian country should allow Muslims to observe their beliefs.

I was Christian and I am tickled pink when Christians show an inherent respect for other cultures and religions even when they don't believe in that religion.

God loves those who respect His creation and His religion.
Report abuse »
#43
09:15 October 21, 2012 by ChrisRea
@ sonriete

First of all, the French and Belgian bans are against the full Islamic veil, not against headscarf. Secondly, they are currently challenged at the European Court of Human Rights in Strasbourg. With officials like the Council of Europe human rights commissioner supporting the challenge, I would say there are high chances that the bans will be lifted.

The ban in Germany refers only to teachers. Taking into consideration that a teacher's job has a lot to do with life values, I think it is fair to have religious neutrality here. Of course, I am also against teachers wearing Christian symbols (or from other religions).

My statement was actually about imposing non-professional values on employees. I would say the EU legal system is pretty good at fighting such offenses.
Report abuse »
#44
10:32 October 21, 2012 by sonriete
I see the point, but on the other hand at the same time they ban headscarves in the classrooms in Bavaria they fight tooth and nail to keep the Crucifix nailed to the wall of each classroom in every public school there.
Report abuse »
#45
20:12 October 21, 2012 by ChrisRea
You are right. I think the crucifix should be removed from the classrooms.
Report abuse »
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