CJEU Preliminary Ruling Allows Undertakings to Prohibit Visible Wearing of Religious Signs
News    ·   16-03-2017

AUTHOR: Ron Galea Cavallazzi; Marisa Vella; Edward Mizzi

In a ruling delivered on 14 March 2017, the Court of Justice of the European Union (CJEU) held that a 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. It held that such an internal rule of a private undertaking may constitute indirect discrimination 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.

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