ELENA GUALCO, United in diversity…but please put your headscarf away: the CJEU, religious discrimination and Member States’ gasp for neutrality

ABSTRACT – This contribution investigates two recent disputes that have led and will lead the Court of justice of the EU to further clarify the thresholds and boundaries of religious discrimination. Within the analysis of the CJEU’s ruling in LF v S.C.R.L. and of the Advocate General’s Opinion in OP v Commune d’Ans, the author focuses on the shortcomings of the CJEU’s approach allowing Member States and individuals a broad discretion when pursuing ‘neutrality in the workplace’ and highlights how this approach ultimately affects the substantive reach of equality in the workplace.

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