Towards substantive equality for religious believers in the workplace? Two supranational european courts, two different approaches

Abstract

This article focuses on the issue of reasonable accommodation in the workplace and offers some explanations for the different positions of the two European Supranational Courts. The author considers whether the non-discrimination standards of the Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECtHR) are similar and show difference in cases of alleged discrimination on grounds of sex, race, and/or religion in employment. With regard to reasonable accommodation of religious garments at the workplace, an incident of multiple and intersectional discrimination, it is argued that unlike the ECtHR, the CJEU may be more audacious in its assessment if the core interest of employment calls for better protection. As a result, conflicting judgments may come forth by the two Supranational Courts, which would affect legal certainty.