Is there a place for the Islamic veil in the workplace? Managerial prerogatives and the duty of reasonable accommodation in the EU anti-discrimination governance

Abstract

This article analyses whether an employer may justify a ban on religious symbols because of economic interests, such as the protection of a company’s image or customer preference. It explains the concept of managerial authority and conditions under which economic interests must yield to the principle of nondiscrimination. It also suggests a method of aligning the duty of accommodation in the justification of derogations to non-discrimination. It posits that the employer needs to demonstrate that accommodating religion in a particular post or position would impose a disproportionate economic burden on the company. It concludes that the Islamic veil controversy demonstrates a need for tailor-made solutions in the private employment context and a shift from norm compliance to anti-discrimination governance.