Suchergebnisse

The ban on discrimination against workers grounded on religion is a fundamental principle enshrined in the European Union's primary legislation and anti-discrimination law. However, currently, there is no binding provision at this level of legislation which imposes on employers to adopt reasonable accommodation based on this category. Many scholars promote the adoption of this measure based on religion. Still, the recent jurisprudence of the Court of Justice does not seem encouraging in this sense. In light of this situation, the article aims to investigate the reasons underlying the limitations of the hard law provisions and the implications of the shift from the level of the mandatory norm to that of policy and diversity management in accommodating religious diversity at work, with particular regard to Muslim women working in the private sector. European institutions seem to delegate the law-related function of social orientation to policy and diversity management. Various critical issues emerge from this process of de-juridification, although diversity management generates some good practices, also within the so-called Diversity Charters. With the aim to support the implementation of reasonable religion-based accommodation, this article suggests rethinking the anti-discrimination law and diversity management from an intercultural perspective.

In the European Union, the need to move from the traditional principle of formal equality to a strategy pursuing substantive equality has been largely recognised in practice. New EU anti-discrimination legislation, which followed the amendments of Article 13 of the Amsterdam Treaty, has enhanced the debate on how to achieve the substantive equality of the most marginalised people. It goes without saying that equal opportunities of the Roma minority belong among the priorities of an enlarged Europe. Since 2000, the concept of "multiple discrimination" has started appearing in the political debate and legal documents of the EU, but no definition or regulation has been provided so far. Therefore, scholars from a wide range of disciplines and law practitioners have been trying to fill the conceptual gap concerning multiple discrimination.