析欧洲《平等待遇指令》与欧盟法院关于职场宗教歧视的裁决

Employment Equality Framework Directive:CJEU's Rulings on Cases Concerning Discrimination Based on Religion in Workplace

在恐怖袭击频发、大量难民涌入的背景下,宗教信仰问题使欧洲社会愈发紧张。2017年欧盟法院首次根据《平等待遇指令》就两起涉及宗教信仰歧视的案件作出了裁决。根据欧盟法院的上述裁决,公司有权通过中立的内部规定禁止员工佩戴政治、哲学或宗教信仰标志,但这种规定应出于合法目的,落实措施合理且必要。欧盟法院还指出,客户对宗教信仰的态度和偏好,不是公司采取区别对待的理由。欧盟法院的裁决对判断宗教信仰的直接歧视和间接歧视给出了指导,对合法目的、必要性和职业要求等相关规定作出了分析,为推动和丰富此领域的实践发挥了重要作用。

With frequent terror attacks and massive flow of refugees and migrants, the issue of religion or belief has led to more tensions in Europe than before. In 2017, CJEU ruled on two cases,Achbita and Bougnaoui, both of which concern women wearing religious headscarf in the workplace. According to the judgment of Achibita, a neutral rule which bans on all symbols of religious or political belief could not be direct discrimination, and indirect discrimination could also be justified if it has a legitimate aim and the means of achieving that aim are appropriate and necessary. In Bougnaoui, the Court ruled that the willingness of the employer to take account of the particular wishes of a customer would not suffice the genuine occupational requirement defence. Both judgments provide guidance for practice under the context of the Employment Equality Framework Directive.