Court of Justice of the European Union (Grand Chamber) 14 March 2017, in Case C‑157/15, in Case C‑188/15

Calogero Massimo Cammalleri

Abstract


Court of Justice of the European Union (Grand Chamber) 14 March 2017, in Case C‑157/15

Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treat­ment – Discrimination based on religion or be­lief – Workplace regulations of an undertaking prohibiting workers from wearing visible polit­ical, philosophical or re­ligious signs in the work­place – Direct dis­crimination – None – In­direct discrimina­tion – Female worker prohib­ited from wear­ing an Islamic head­scarf

Article 2(2)(a) of Council Directive 2000/78/EC of 27 November 2000 establish­ing a general framework for equal treatment in employ­ment and occupation must be inter­preted as mean­ing that the prohibition on wearing an Is­lamic head­scarf, which arises from an internal rule of a private undertak­ing prohibiting the visible wear­ing of any polit­ical, philosoph­ical or religious sign in the workplace, does not constitute dir­ect dis­crimination based on religion or belief within the mean­ing of that directive.

By contrast, such an internal rule of a private undertak­ing may constitute indirect discrimination within the mean­ing of Art­icle 2(2)(b) of Directive 2000/78 if it is estab­lished that the apparently neutral obligation it imposes results, in fact, in per­sons adher­ing to a particular religion or belief being put at a particular disadvantage, unless it is object­ively justified by a legitimate aim, such as the pursuit by the employer, in its rela­tions with its customers, of a policy of political, philosoph­ical and religious neutrality, and the means of achiev­ing that aim are appro­priate and necessary, which it is for the referring court to ascertain.

 

Court of Justice of the European Union (Grand Chamber) 14 March 2017, in Case C‑188/15

Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment — Discrim­ination based on religion or belief — Genuine and de­termining occupational requirement — Meaning — Cus­tomer’s wish not to have services provided by a worker wearing an Islamic headscarf

Article 4(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as meaning that the willingness of an employer to take ac­count of the wishes of a customer no longer to have the ser­vices of that employer provided by a worker wearing an Is­lamic headscarf cannot be considered a genuine and determ­ining occupational requirement within the meaning of that provision.


Parole chiave


discrimination; religion discrimination; gender discrimination;

Riferimenti bibliografici


Council Directive 2000/78/EC of 27 November 2000

Articles L. 1132-1 and L. 1133-1 of the code du travail (La­bour Code), by Law No 2008-496 of 27 May 2008 (France)

Article 10(1) of the ECHR

Law to combat discrimina­tion and amending the Law of 15 February 1993 establishing a Centre for Equal Oppor­tunities and Combating Racism (Belgium)


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Direttore Responsabile: Calogero Massimo Cammalleri
Sede e direzione: Via Selinunte n.1 90141 - Palermo (PA), Italia
Redazione: c/o Dipartimento di Scienze Economiche Aziendali e Statistiche (D/S.E.A.S.) dell'Università degi Studi di Palermo
Viale delle Scienze, Edificio 13, 90125 Palermo (PA) - Italy
Registrazione Tribunale di Palermo n.29 del 19 ottobre 2005

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since July 6th, 2012