Religious Freedom and Employment Discrimination in the Case Law of the European Court of Justice

The chapter aims to examine the case law on religious discrimination in the workplace, developed by the Court of Justice since the adoption of Directive 2000/78. After an overview of the EU legal framework for combating discrimination on the grounds of religion or belief, the chapter analyses the case law on the ban on wearing religious symbols at work. The chapter seeks to clarify whether an internal rule of an undertaking prohibiting workers to wear visible signs of political, philosophical or religious beliefs constitutes direct, indirect or intersectional discrimination. Furthermore, the chapter identifies the legitimate aims that may justify such a measure and specifies when it may be considered appropriate and necessary within the meaning of Directive 2000/78. Finally, the chapter assesses whether a characteristic related to religion or belief can be regarded as a genuine and determining occupational requirement, in general and in the specific context of the so-called faith-based employers.