Employer's bar on religious clothing and European Union discrimination law

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Summary

The briefing from the Justice Initiative sets out the legal argument that Ms. Achbita was subjected to direct discrimination. Her employer deliberately targeted her because of her religious clothin...

The briefing from the Justice Initiative sets out the legal argument that Ms. Achbita was subjected to direct discrimination. Her employer deliberately targeted her because of her religious clothing, treating her less favourably than someone who choses her clothes for reasons of fashion. The court should also reject the argument that the employer's bar on religious clothing had a legitimate aim of "neutrality." It is not neutral for an employer to single out people whose religion is expressed through clothing. This aim is not legitimate since it violates the Treaty of European Union which affirms that Europe is "a society in which pluralism, nondiscrimination, tolerance, justice, solidarity, and equality between men and women prevail." We conclude that the Court of Justice should advise the national courts that when an employer singles out religious clothing this is direct discrimination, and such an aim is not neutral.

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