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Headscarf ban was discriminatory and could not be justified

The Advocate General has given the opinion that an employee’s dismissal for wearing an Islamic headscarf at work, in breach of a direct instruction, was directly discriminatory, and could not be defended on the ground of ‘genuine and determining occupational requirement’.

This decision conflicts with another heard the same day so clarification is awaited from the European Court when they give judgment in both cases towards the end of this year.

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