In LF v. SCRL, (CJEU, April 28, 2022), the Advocate General of the Court of Justice of the European Union issued a recommended answer to a question referred to it by the Brussels (Belgium) Labor Court. At issue was whether a provision in Belgian law giving special protection to "religious or philosophical belief" of employees is consistent with European Council Directive 2000/78 on equal treatment in employment. The Directive allows countries to enact laws that are more protective than those set out in the Directive. The Advocate General concluded that Belgium could give special protection to "religion and religious beliefs" but not just to "religious or philosophical beliefs" since those are not separately protected categories. The question arose in a case in which a Muslim woman was not offered an internship for which she interviewed because she insisted on wearing a hijab or other head covering in violation of the employer's rule that employees not wear clothing that expresses their religious, philosophical or political beliefs. [Thanks to Law & Religion UK for the lead.]
