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CJEU Case C-188/15 / Judgment

Asma Bougnaoui and Association de défense des droits de l’homme (ADDH) v Micropole SA

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Grand Chamber)
Decision date:
14/05/2017

Key facts of the case:

Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment — Discrimination based on religion or belief — Genuine and determining occupational requirement — Meaning — Customer’s wish not to have services provided by a worker wearing an Islamic headscarf.

Outcome of the case:

On those grounds, the Court (Grand Chamber) hereby rules:

Article 4(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as meaning that the willingness of an employer to take account of the wishes of a customer no longer to have the services of that employer provided by a worker wearing an Islamic headscarf cannot be considered a genuine and determining occupational requirement within the meaning of that provision.