European Employment Law Cases

Case Reports

2021/14 End of the Achbita saga in Belgium: National judge rejects indirect discrimination and criticises duty to look for alternative position in case of refusal to comply with neutrality policy (BE)

Keywords Religious Discrimination
Authors Gautier Busschaert
Author's information

Gautier Busschaert
Gautier Busschaert is an attorney-at-law at Van Olmen & Wynant.
  • Abstract

      On 12 October 2020, the Labour Court of Appeal of Ghent ruled that there was no indirect discrimination in the case of Mrs. Achbita, because a policy of neutrality does not disadvantage Muslim women who want to wear a headscarf more than any other worker. The Labour Court of Appeal was also of the opinion that the employer should not examine alternative job positions.

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