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Labour Court Berlin, Judgment from 28.03.12 – 55 Ca 2426/12

Facts: The applicant is a practicing Muslim who wears a headscarf. She applied at the defendant's office for a training position. In the interview, the applicant was informed that in the dental office she must wear a uniform. During operations, the employees wore surgical caps. In this context, the defendant asked the applicant if she was ready to take off the headscarf while working. The applicant´s answered negatively. Because of this reason, she did not get the position.

Judgment: If the candidate was excluded because of her refusal to take off the head scarf when the employer demanded, the applicant was discriminated because of her membership in the Muslim religion.