Germany's Federal Labour Court declares Berlin headscarf ban for teachers illegal

28.08.2020

According to Germany's Federal Labour Court in Berlin, a headscarf ban for female teachers based on the Neutrality Act is not legal. On Thursday, the court ruled in favour of a Muslim woman who had sued because she was refused employment as a teacher in Berlin owing to her headscarf. The plaintiff had been "discriminated against because of her religion", the court explained. 

The Regional Labour Court awarded the plaintiff some 5159 euros in compensation in November 2018. The state of Berlin appealed against this decision, citing the Neutrality Act. The Federal Labour Court has now rejected this appeal.

The Regional Labour Court pointed out that the headscarf could only be banned if there was a concrete threat to school peace. The Federal Labour Court has now confirmed this. In doing so, the courts referred to a ruling of the Federal Constitutional Court from 2015, which ruled that a general headscarf ban in public schools was illegal.    (AFP)

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