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Whether workplace rules banning visible signs of political, ideological or religious beliefs comply with EU law (IX v WABE, MH Müller Handels v MJ)

Published on: 20 July 2021
Published by: LexisPSL
  • Whether workplace rules banning visible signs of political, ideological or religious beliefs comply with EU law (IX v WABE, MH Müller Handels v MJ)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts: IX v WABE
  • Background facts: MH Müller Handels v MJ
  • The proceedings before the national court: IX v WABE
  • The proceedings before the national court: MH Müller Handels v MJ
  • What did the CJEU decide?
  • The first question in the reference in IX v WABE:
  • More...

Article summary

Employment analysis: A workplace rule that implements a uniform ban against employees showing any visible sign of political, ideological or religious beliefs (a) was not (under the Equal Treatment Framework Directive) directly discriminatory, and (b) could potentially be justified, where its effect would otherwise be indirectly discriminatory against those holding a specific religious belief, provided there was in the circumstances of the case a real, legitimate need for such a rule to avoid adverse consequences for the employer arising out of the legitimate wishes of its customers or service users. By contrast, a rule banning only large-sized religious signs was unlikely to comply with the requirements of the directive as it would be liable to constitute direct discrimination against a specific religion, according the CJEU. or take a trial to read the full analysis.

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