this post was submitted on 28 Nov 2023
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[–] [email protected] 5 points 11 months ago (1 children)
[–] [email protected] 4 points 11 months ago (1 children)

From the article:

Conclusion In the light of the foregoing considerations, I propose that the Court answer as follows the questions referred for a preliminary ruling by the tribunal du travail de Liège (Labour Court, Liège, Belgium):

(1) 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 to mean that a provision of a public body’s terms of employment which prohibits employees from wearing any visible sign of political, philosophical or religious belief in the workplace, with the aim of putting in place an entirely neutral administrative environment, does not constitute, with regard to employees who intend to exercise their freedom of religion and conscience through the visible wearing of a sign or an item of clothing with religious connotations, direct discrimination on the grounds of religion or belief, for the purposes of that directive, provided that that provision is applied

(2) Article 2(2)(b) of Directive 2000/78 must be interpreted to mean that a difference of treatment indirectly based on religion or belief arising from a provision of a public body’s terms of employment which prohibits employees from wearing any visible sign of political, philosophical or religious belief in the workplace may be justified by that body’s desire to put in place an entirely neutral administrative environment, provided, first, that that desire responds to a genuine need on the part of that body, which it is for that body to demonstrate; second, that that difference of treatment is appropriate for the purpose of ensuring that that desire is properly realised; and, third, that that prohibition is limited to what is strictly necessary.