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L.F. v. S.C.R.L., Case C-344/20, CGEU, (Second Section),13 October 2022

Date
13/10/2022
Type Judgment
Case number C-344/20

Abstract

The prohibition on wearing the Islamic headscarf imposed on a worker in a (private) company does not constitute direct discrimination based on religion.

Normative references

Council Directive 2000/78 / EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation

Ruling

1.  The prohibition of wearing any visible sign relating to political, ideological, or religious beliefs in the workplace, resulting from an (internal) rule of a private enterprise, does not constitute direct discrimination on the grounds of religion or belief against workers who follow dress codes on account of religious obligations, if it is imposed without distinction on all workers.

2.  An internal rule of a private company prohibiting the wearing of any visible sign relating political, ideological, or religious beliefs in the workplace may constitute indirect discrimination on the grounds of religion or belief if it is shown by the Courts of the Member State that the apparently neutral obligation places persons adhering to a certain religion (or ideology) in a disadvantaged position.