Acceso usuarios
Eleni Frantziou
This note analyses the ruling of the ECJ in Joined Cases IX v WABE eV; MH Müller Handels GmbH v MJ. The ruling accepts that indiscriminately applied policies of religious neutrality in private employment do not constitute direct discrimination and can be justified by reference to the employer’s economic interests, as they form part of the freedom to conduct a business protected in art.16 EUCFR, as long as they do not go beyond what is necessary to achieve the aim of neutrality. Despite being hands-off regarding the protection of religious freedom (as protected art.10 EUCFR and art.9 ECHR), the Court is reasonably strict on discrimination between different religions (as protected in art.21 EUCFR and arts 9 and 14 ECHR), by finding that policies that target large-scale symbols only constitute direct discrimination that can only be justified by reference to genuine occupational requirements. It is argued that, whilst this position is preferable to earlier case law, it sets the bar too low in respect of the freedom of religion and the ability of private employers to impose restrictions thereon.
