After their parents ‘ time, the young Muslim woman with a headscarf at her longtime employer, the drugstore chain Müller appeared. The head of the branch in the Region of Nuremberg said, with a headscarf, you could no longer work as a customer Advisor or to the Fund.
The Muslim was due to the prohibition of discrimination and complained. The labour court and the labour court, the woman gave first right. On Wednesday, the Federal labour court negotiated the case and called him to the European court of justice (ECJ), without making their own decision.
the lawsuit from Bavaria will set a precedent for whether businesses can intervene in the interests of neutrality towards customers in the fundamental rights of workers.
Pointedly, one could say, it was entrepreneurial freedom against the freedom of religion, said the presiding judge drunk Gallner. More specifically, it involves the question of whether private employers to their employees, by instruction, to make their political Beliefs or religious beliefs by large icons to customers.
the Background for the reference to the European court of justice are two judgments from 2017. The judges in Luxembourg, allowed in these cases, the headscarf bans in the Job, if certain conditions are met.
“A head cloth may not be simply left in the cloakroom”
The 35-year-old drug seller who works in a Müller store in the area of Nuremberg, appeared before the Federal labour court with a silk head scarf. Your lawyer Georg Sendelbeck said in the hearing: “A head cloth, and the Religion can not simply be left in the cloakroom. Not even in the farms.”
the lawyer for The Muslim woman had been referred to the existing case law in Germany, according to which a ban on the headscarf in the workplace can only be justified if there is a concrete risk for the operation is peace, or there are economic losses due to lost customers. Such disorders have not been demonstrated, the drugstore chain.
The drugstore chain had, however, insisted on their dress code, to which the employee would have to keep. Part of it, “headgear of any kind” are not to be worn in contact with the customer. In addition, the Müller-lawyers refer to the decisions of the judges in Luxembourg. The company had exercised the management right and the instruction that employees have to appear without any conspicuous religious, political and other ideological signs in the workplace.