Job denied because of headscarf
"Dr A. is a general practitioner. She is an Austrian citizen of Muslim faith and wears a headscarf. At the end of April she applies for a post as a rehab physician advertised in the Austrian Medical Journal. After an exploratory phone-call as to whether the position is still vacant, she is given a date for a personal interview. During this interview Dr A. hands her application documents to the senior rehab physician mentioning that she does not have a diploma as rehab physician. The senior rehab physician tells her that the diploma is not a prerequisite. The remainder of the appointment is dedicated to working hours, the exact range of duties and the modalities of settling accounts with the health insurance fund. The salary has to be negotiated with the management, who also has the final word in employing a person referred to it by the senior rehab physician. The senior rehab physician however also points out to her that the management will quite certainly have strong misgivings should Dr A. want to wear the headscarf at work. They arrange for Dr A. to inquire about the outcome of her application by telephone.
Eventually Dr A. fixes an appointment with the manager, to which she is accompanied by a person of trust. The gist of this conversation is that she has the right qualification, yet she will only be considered, if she agrees not to wear the headscarf during work. She is given eight days time for consideration by the management.
Upon this Dr A. turns to the Ombud for Equal Treatment. The attorney in charge drafts a letter of intervention to the management, stressing that the condition imposed on Dr A. represents discrimination on the grounds of religion. The management is furthermore challenged to abandon its position and to give the doctor a fair chance. In its answer, the management clarifies that it will not alter its decision. Dr A. is not hired, and the post is advertised anew." (ZARA Report 2008, p.46)
With the support of the Litigation Association Dr A. takes her case to court. She claims damages amounting to € 4,500.00. The settlement negotiations the respondent agreed on paying the full amount claimed by Dr A. as well as bearing the expenses for legal proceedings.
Sources: http://www.zara.or.at/materialien/rassismus-report/Racism_Report_2008.pdf (2011-10-13), http://www.klagsverband.at/kommentare/kein-job-fuer-aerztin-mit-kopftuch (2011-10-13), http://derstandard.at/1234508057459/Kein-Job-wegen-Kopftuch-4500-Euro-fuer-Aerztin (2011-10-13).
