Blurred boundaries between direct and indirect discrimination under EU law: The true nature of religious discrimination created by a corporate neutrality policy

The contribution analyses what kind of discrimination in fact arises from a corporate neutrality policy, which bans the visible wearing of any political, philosophical or religious sign in the private workplace, with regard to women employees wearing Islamic headscarf. It is argued with legal grounds, though against the CJEU’s established case-law, that such a corporate neutrality policy indeed constitutes for employees following of orthopraxis religions less favourable treatment and so direct discrimination on the ground of religion.