Key facts of the case - The applicant had been hired with a fixed-term employment contract as a saleswoman in company selling clothes for women. The new manager, who took over the shop, informed her that her dressing was not compatible with her position. Indeed her clothes covering her from head to feet is not compatible with the purpose of the shop that is to sell women fashion items. She refused and was accordingly subject to a layoff. Before the Court, she claims her reintegration into the company.

Main reasoning of the court - The Court refers to article L. 122-45 of the Labour code, which prohibits discrimination particularly on religious ground. In the case at hand, the court holds that demanding the employee to wear clothes adapted to her task does not amount to discriminatory intention towards the religious beliefs of the applicant.
In addition, the dress requirements rely on an objective cause related to commercial constraint and the interest of the company. They were not directed against the religious beliefs of the applicant and hence do not infringe either article 18 of the International Covenant on Civil and Political Rights or Article 9 ECHR. The claim is dismissed.