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Dr Krzysztof Kurosz
ORCID: 0000-0003-0605-3392

An assistant professor, employed at the Faculty of Law and Administration of the University of Lodz in the Department of Civil Law. Krzysztof Kurosz is a judge at the XXII Intellectual Property Division of the District Court in Warsaw. Author of over 30 publications on civil law, protection of personal rights and intellectual property law, including two monographs entitled Intellectual Property Court – structure, cognition and primacy of property (INP PAN, 2021) and Artistic performance of a work. Personal and property rights of actors, musicians and other performers (LexisNexis, 2014). In 2012, the author was awarded the Prize of the Minister of Science and Higher Education in 2012 for his doctoral dissertation. The author also received an award in the 'Citizen Judge of the Year 2020' plebiscite organised by the Court Watch Foundation. External expert of the Team for the development of the concept for the establishment of intellectual property courts.

 
The prohibition of wearing religious symbols in the workplace in the light of CJEU case-law, s. 36-46
DOI: 10.33226/0032-6186.2024.5.6
JEL: K31
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The prohibition of wearing religious symbols in the workplace in the light of CJEU case-law

Since the first judgments of 14 March 2017 concerning religious symbols in the workplace (C-157/15 and C-188/15), the CJEU has consistently followed a line of case law favorable to the principle of neutrality. The authors argue that in its rulings, the CJEU differentiates between the private and public sectors. In the case of the private sector, an entrepreneur's desire to be perceived by customers as neutral is a legitimate goal (Article 16 of the Charter of Fundamental Rights). However, an employer must also demonstrate that there was a real need to introduce a neutrality policy, related to the objective needs or expectations of customers or the need to mitigate the risk of conflicts between employees. In the case of the public sector (public authority), striving for neutrality (including exclusionary neutrality – including in relations with other employees) is considered a justified goal without the need to demonstrate a different need.

Keywords: religious freedom; discrimination; neutrality policy; religious symbols