OP v Commune d'Ans: Another Step in the Wrong Direction for Headscarf-Wearing Women.

This article critically examines the Court of Justice of the European Union’s (CJEU) 2023 judgment in OP v Commune d'Ans, which upheld a public employer’s policy of “exclusive neutrality” banning all visible religious symbols, including Muslim headscarves, for municipal employees regardless of public contact. The ruling expands the margin of discretion granted to Member States and infra-state bodies to regulate religious expression at work, diverging from earlier cases by allowing broader prohibitions without requiring proof of a genuine need or limiting bans to customer-facing roles. The CJEU declined to address claims of gender, race, or intersectional discrimination, despite evidence that such neutrality policies disproportionately affect Muslim women from minority ethnic backgrounds. The article argues that this judgment risks legal uncertainty, weakens protections against religious discrimination compared to other grounds, and may exacerbate exclusion of vulnerable groups in public employment.