Religious Discrimination in Employment Relationships

Discrimination in legal employment relationships means that an employer applies differential treatment as a result of the non-recognition of protected criteria established in the applicable legislation, with the effect of restricting or suppressing the use or exercise of employees’ rights. The article analyses discrimination on the grounds of religion and belief, with reference to the European and national legal framework, and contains elements of case law on the subject. Discrimination entails imposing differentiations between employees, usually in comparable situations, but also applying the same treatment to employees, even though they have different roles in the work process, with similar effects in terms of denying them their rights. Opinions are included on the right of employers to objectively justify their conduct, the exceptions allowed to certain organizations, and the role of European courts in the evolution of the regulatory framework.