Letting go of formal equal treatment? discources and practices of religious accommodations in European workplaces

Reasonable accommodations, a concept first introduced in the United States in the context of religious employment discrimination, is an established right for persons with disabilities under both international and EU law. The question whether to extend a similar right for reasons of religion or belief has generated much debate and controversy in a number of Member States. Some scholars have questioned the appropriateness and feasibility of strengthening religious rights in the European context in light of various cases involving “clashing rights” scenarios. Yet, in light of the existing primary legal instruments aiming to protect and include employees from increasingly diverse religious backgrounds in the European workplace, the concept of reasonable accommodations has various merits. This paper discusses this “added value” by comparing a right to reasonable accommodations to the legal tools of human rights and EU non-discrimination law and looks at the situation in different European countries.