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La discrimination sur le lieu de travail : éléments pour une comparaison transatlantique

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  • Daniel Sabbagh

    (CERI - Centre de recherches internationales (Sciences Po, CNRS) - Sciences Po - Sciences Po - CNRS - Centre National de la Recherche Scientifique)

Abstract

Discrimination in the Workplace: Toward a Transatlantic Comparison - Must a legitimately profit-maximizing private firm cede to an employee's right to dress as required by his or her religious beliefs? Does existing antidiscrimination legislation permit a decision prejudicial to that employee and determined by the employer's anticipation and accommodation of negative responses toward her by clients? Taking into consideration relevant U.S. case law, the European Union Court of Justice, in its 2017 Achbita and Bougnaoui decisions, answered those fundamental questions by substantially weakening the ban on religious-based discrimination while concealing its underlying rationale.

Suggested Citation

  • Daniel Sabbagh, 2019. "La discrimination sur le lieu de travail : éléments pour une comparaison transatlantique," Sciences Po Economics Publications (main) hal-03381096, HAL.
  • Handle: RePEc:hal:spmain:hal-03381096
    DOI: 10.3917/drs1.102.0319
    Note: View the original document on HAL open archive server: https://hal.science/hal-03381096v1
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