Is Neutrality Possible? A Critique of the CJEU on Headscarves in the Workplace from a Comparative Perspective.

This article critically examines the Court of Justice of the European Union’s (CJEU) recent decisions permitting employers to limit employees’ wearing of headscarves based on policies of political, philosophical, or religious neutrality. It argues that the CJEU’s concept of neutrality, rooted in a dominant European secularism, is culturally defined and results in indirect discrimination against minority religious groups, particularly women, by failing to accommodate religious expression in the workplace. Comparing this with U.S. antidiscrimination law, which embraces the principle of reasonable accommodation unless undue hardship is shown, the article contends that the American approach better balances employees’ freedom of religion with employers’ interests and promotes social integration. The article further explores the historical and philosophical origins of differing secularism models in Europe and the United States, concluding that the CJEU should adopt a more nuanced doctrine that encourages reasonable accommodation to foster inclusion and respect for religious diversity in the labor market.