European Papers (Apr 2018)
Freedom of Religion in the Workplace v. Freedom to Conduct a Business, the Islamic Veil Before the Court of Justice: Ms. Samira Achbita Case
Abstract
(Series Information) European Papers - A Journal on Law and Integration, 2018 3(1), 409-417 | (Table of Contents) I. Introduction. - II. The facts of the case. - III. The right not to be discriminated on grounds of religion in the workplace v. freedom to conduct a business pursuing a policy of neutrality. - IV. Concluding remarks. | (Abstract) The Court of Justice ruled on 14 March 2017 an interesting judgment concerning the dismissal of Ms. Samira Achbita (case C‑157/15, Samira Achbita v. G4S Secure Solutions NV), a Muslim female, who had worked as a receptionist in the private sector. She was dismissed due to her refusal to stop wearing the Islamic headscarf according to an internal rule of the company aimed at establishing a neutral image through the ban of all visible political, religious, and philosophical symbols of its workers in contact with customers. The Court of Justice found that there was not direct discrimination on grounds of religion under Directive 2000/78 and it paved the way for the referring court in order to elucidate if there could have been indirect discrimination by means of the apparently neutral rule of the company.
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