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RELIGION

German employers can ban headscarves ‘in some cases’, EU court rules

Employers can in principle ban staff from wearing headscarves in the workplace, an EU court ruled Thursday in two cases brought by Muslim women working in Germany.

German employers can ban headscarves 'in some cases', EU court rules
Three women in headscarves stand in Berlin's Kreuzberg district. Photo: picture alliance/dpa/dpa-Zentralbild | Monika Skolimowska

A ban on religious symbols such as headscarves “may be justified by the employer’s need to present a neutral image towards customers or to prevent social disputes”, the European Court of Justice said in a statement.

The employer must also show it is not discriminating between different beliefs and religions in its policy, the court said.

The two women, a cashier in a chemist and a special needs carer, had taken their cases to German courts after being prohibited from wearing headscarves at work.

READ ALSO: IN NUMBERS: A breakdown of Germany’s Muslim population

The German courts had then referred the cases to the ECJ for an interpretation of EU law.

The woman working at the chemist had been employed there since 2002 and had initially not worn a headscarf, but had wanted to begin wearing one after returning from parental leave in 2014.

However, the chemist instructed her to come to work “without conspicuous, large-sized signs of any political, philosophical or religious beliefs”, the ECJ said.

The second woman was employed in 2016 as carer at a non-profit association and had initially worn a headscarf at work.

She too went on parental leave, during which time the association issued a policy prohibiting the wearing of visible signs of political, ideological or religious conviction in the workplace for employees with customer contact.

READ ALSO: Germany upholds headscarf ban for trainee Muslim lawyers

After returning from parental leave, she refused to remove the headscarf, which resulted in several warnings and eventually in her being dismissed.

National courts must examine in each individual case whether company rules are compatible with national laws on religious freedom and the need for a “policy of neutrality”, the ECJ said.

There must be “a genuine need on the part of the employer” for such a policy, it said, and it must also not go against “national provisions on the protection of freedom of religion”.

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DISCRIMINATION

LIST: Sweden’s biggest seven ‘me-too’ cases

The Christian Democrats' former Party Secretary Johan Ingerö, who was dismissed on Tuesday with immediate effect, is the most senior politician in Sweden to lose his job to a sexual misconduct allegation since the 'me too' movement exploded in 2017. Here's a quick recap of 'me too' in Sweden.

LIST: Sweden's biggest seven 'me-too' cases

The ‘me-too’ movement broke out after a report on the extent of sexual assault accusations against the film producer Harvey Weinstein in 2017, and saw women across the world name-and-shame high-profile people in politics they accused of behaving sexually inappropriately, sexually assaulting, or sexually harassing them. 

In Sweden, as elsewhere, the movement has had by far its biggest impact in the cultural sphere. We look at some of the biggest cases. 

POLITICS 

Tomas Eneroth (Social Democrats)

The former Social Democrat infrastructure minister, Tomas Eneroth, was in November 2021 accused of groping a female colleague at a party congress. Eneroth apologised for making his accuser uncomfortable and said he had not intended to touch her inappropriately. 

Eneroth’s home district in the Social Democratic party investigated that accusation and decided not to take any action against Eneroth. 

A public prosecutor dropped the case after interviewing witnesses present, saying that the contact had been “a fleeting touch” that could not be considered sexual harassment.

Kjell Ekelund (Social Democrats). 

Kjell Ekelund, a Social Democrat regional politician in Jönköping, was found guilty in court and fined for slapping a party colleague’s bottom during a party conference in 2022. Carina Ödebrink, the regional chair of the Social Democrats, only called on him to step down after he was found guilty, but he was not expelled from the party. 

Peter Lundgren (Sweden Democrats) 

The former Sweden Democrat MEP Peter Lundgren announced that he was leaving his party in March 2022, after he was found guilty of sexually molesting a party colleague in a hotel room three-and-a-half years previously. 

“After talks with Peter Lundgren we have come to a decision that the judgement in the high court makes it impossible for him to represent the party. He is therefore going to leave his membership in the party,” Sweden Democrat press secretary Christian Krappedal told TT. 

The Sweden Democrats party took no action to expel Lundgren until he was found guilty in court. He continued in his role as an independent MEP. 

CULTURE

Jean-Claude Arnault and the Nobel crisis

The accusations against Jean-Claude Arnault, the French husband of Katarina Frostenson, a senior member of the Swedish Academy, caused the award of the Nobel Price in Literature to be postponed for a year, and ended with Arnault being jailed for rape. 

The accusations against Arnault were first published in a series of articles in the Dagens Nyheter newspaper in which some 13 women, most of them anonymous, came forward to accuse Arnault, who had significant power in Sweden’s literary world through his cultural club Forum, of aggressive and inappropriate sexual behaviour, and even rape. 

One of the women later reported him for rape to the police, and he was found guilty both in Stockholm District Court and when the case went to appeal at the High Court. 

Martin Timell 

The Swedish TV presenter Martin Timell was removed by the broadcaster TV4 from the programmer Äntligen hemma (finally home) in 2017 after he was accused of sexual harassment, and the channel later stopped any work with Timell. 

Timell was reported for rape in November 2017, and was found innocent of all charges both in court and at appeal.  He received 8.9m kronor in damages from TV4. 

Benny Frederiksen 

Frederiksen was CEO and theatre chief at Stockholm City Theatre. He resigned in December 2017 after he was hit by accusations of presiding over a culture of sexual harassment at the theatre. He committed suicide in March 2018, after which a preliminary report from the investigation the theatre launched into the allegations concluded that there were in fact no one at the theatre had accused him of sexually inappropriate behaviour. 

Fredrik Virtanen

After Jean-Claude Arnault, Sweden’s most high-profile ‘me-too’ case have been that against the culture journalist Fredrik Virtanen. 

Cissi Wallin, an actress and feminist commentator, on October 16th 2017, accused Virtanen of raping her in 2006, even though she had reported the alleged rape to the police in 2011 and the case had been laid down. 

Virtanen was first suspended from his job at Aftonbladet, then deprived of his column, and then fired. 

In January 2018, Virtanen sued Wallin for libel. She was found guilty, fined, and ordered to pay Virtanen 80,000 kronor in damages. When she appealed, Sweden’s high court increased the damages to 100,000 kronor. 

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