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Court of Justice of the European Union
Sentences of the Court of Justice of the European Union (CJEU):
- Judgment of the CJEU, 7 April 2017
, on the use and prohibition of the use of the veil in the workplace.
The Court of Justice of the European Union (CJEU) called to rule on the use of the veil by a Muslim woman in the workplace, has established that private companies can prohibit the use of visible religious symbols in the workplace, as long as there is a general company policy that prohibits all religious, political and philosophical symbols.
However, it also qualifies that we would face an indirect discrimination case, as established by Council Directive 2000/78 / EC of November 27th, in cases where the internal regulations of a private company establish an apparently neutral rule but that in practice determines a certain disadvantage to people of a certain religion or conviction. As the Court clarifies, such a rule could be considered legitimate only when it is objectively justified to achieve a legitimate purpose and when the means to achieve that purpose are appropriate and necessary.
- Judgment of the CJEU, Grand Chamber, 17 July 2008, case C-303/06 . Case Coleman v. Attridge and Steve Law.
The Judgment sets precedent in jurisprudence in the field of equal treatment and non-discrimination for disability. The Equal Treatment Directive should not be interpreted restrictively, that is, only directed at people with disabilities. Rather, the Directive also "protects those people who, without being themselves disabled, suffer direct discrimination or harassment in employment and occupation because they are linked to a disabled person".
- Judgment of the CJEU, 10 July 2008, case C-54/07 . Case Centrum voor gelijkheid van kansen en voor racismebestrijding v. Firma Feryn NV.
It has its origin in the lawsuit filed by the Belgian Center for Equal Opportunities against the FFNV commercial company for the statements made to the media, by one of its administrators, stating that his company did not hire "foreign people". The fact that an employer publicly declares that he will not hire workers of a certain ethnic or racial origin constitutes a direct discrimination in hiring.
