Is There a Place for Islam in the West? Adjudicating the Muslim Headscarf in Europe and the United States

7 Pages Posted: 11 Apr 2017

See all articles by Andrea Pin

Andrea Pin

University of Padua - Department of Public Law

Date Written: April 7, 2017

Abstract

The issue of accommodating Islam, especially in the workplace, is spreading throughout the West, engaging legal regimes, and broadening the gap between the United States and Europe. Although both of these jurisdictions theoretically are committed to protecting religious freedom and combatting discrimination, their recent judicial developments differ in the values that they prioritize. An employee's right to wear the Islamic headscarf is a very good example. While the United States through Title VII of the Civil Rights Act of 1964 imposes the accommodation of such a right, the Court of Justice of the European Union has recently affirmed that a company's policy of neutrality can justify general headscarf bans, with virtually no exception. Where the U.S. case law seeks balance, the European Court prioritizes economic activities over religious freedom, neutrality over Islam, and sacrifices pluralism instead of protecting it.

Keywords: Islam, European Union, Court of Justice of the EU, Nondiscrimination, Accommodation

Suggested Citation

Pin, Andrea, Is There a Place for Islam in the West? Adjudicating the Muslim Headscarf in Europe and the United States (April 7, 2017). Notre Dame Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2948765

Andrea Pin (Contact Author)

University of Padua - Department of Public Law ( email )

via Anghinoni, 3
via VIII Febbraio, 2
Padova, 35121
Italy

Register to save articles to
your library

Register

Paper statistics

Downloads
164
Abstract Views
576
rank
185,560
PlumX Metrics