Religious diversity and indirect discrimination in the workplace: what does court practice tell us?

Abstract

The growing visibility of religion in the workplace has been the source of tension and conflict in Europe and has garnered some media attention, particularly when courts are called in to solve disputes. In most cases, the issue is not so much direct discrimination against workers due to their religion, but instead indirect discrimination arising from the application of “neutral” rules to all workers, which make it particularly difficult for individuals belonging to religious minorities to reconcile their professional and religious obligations. In this article, we map out leading cases from international and domestic courts, and discuss the significance of those rulings.