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ECJ judgent re belief discrimination and justified operational requirements - Egenberger v Evangelisches Werk fur Diakonie und Entwicklung e.V. (2018) (C-414/16) [ECJ] 17.04.18 (Unreported)

Reference for a preliminary ruling — Social policy — Directive 2000/78/CE — Equal treatment — Difference of treatment on grounds of religion or belief — Occupational activities within churches and other organisations the ethos of which is based on religion or belief — Religion or belief constituting a genuine, legitimate and justified occupational requirement, having regard to the organisation’s ethos — Concept — Nature and context of the activities — Article 17 TFEU — Articles 10, 21 and 47 of the Charter of Fundamental Rights of the European Union. HELD that a religious organisation may require employees to be members of a particular religion if this was a genuine, legitimate and justified occupational requirement. Such requirements must, however, be amenable to effective judicial review to ensure that they were not discriminatory.

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Category: Employment » Religious discrimination; EC Law. Area(s) of law: Employment; Public Sector.

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