Religious discrimination at the CJEU and the social inclusion approach

The social inclusion approach to EU anti-discrimination law, as set out by Ringelheim, is aimed at achieving inclusion and participation in employment and wider society of all groups, including the most disadvantaged. But is the CJEU using this social inclusion approach, especially in cases concerning religious discrimination? This article argues that the CJEU in cases regarding racial and ethnic origin, disability and sexual orientation discrimination as well as in some cases regarding religion or belief discrimination, has indeed applied a social inclusion approach but that the six judgments regarding the wearing of Islamic headscarves at work are an exception. In the latter cases, the CJEU did not appear to pay any attention to the effect of the judgments on the employment opportunities of Muslim women who want to wear religious symbols at work.

This is an Accepted Manuscript of a paper accepted for publication in the European Labour Law Journal published by SAGE Publications.