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Home > Workplace > Germany > 2010-08-12 - Federal Labour Court, n. 2 AZR 593/09

2010-08-12 - Federal Labour Court, n. 2 AZR 593/09

Workplace · Germany · Dress code · Headscarf

Wearing a headscarf as an educator in a public kindergarten is prohibited, since it can contradict the state’s principle of religious neutrality

Key facts of the case - The claimant is employed as an educator at the defendant’s kindergarten (employer). She is Muslim and wears a headscarf also at work. The defendant gave the claimant a warning to put down her headscarf during her work. The claimant wants the warning to be removed out of her personal file.

Main reasoning of the court - Educators as well as teachers represent the religiously neutral secular state and by wearing a religious symbol in form of a headscarf, the claimant violated the state’s principle of religious neutrality according to Child Day Care Act BW. This provision does not violate the European Convention of Human Rights and the General Equal Treatment Act since it is a relevant restriction to guarantee the children’s freedom of religion, the parent’s right of their children’s religious instruction and the state’s principle of religious neutrality. The warning was legally valid and will not be removed out of the claimant’s personal file.

Comment - See prior decision of Employment Appeal Tribunal of Stuttgart, 19.06.2009, 7 Sa 84/08.