French Court of Cassation (Cour de Cassation française), Chambre Sociale, No. 20-14.014, 19 January 2022

Legality of a disciplinary transfer by the employer following the refusal of a Hindu believer to work in a Christian cemetery.

Directive 2000/78 /EC of the council of 27 November 2000

Restrictions on religious freedom must be justified by the nature of the task to be performed and must be proportionate to the aim pursued. In fact, the disciplinary transfer ordered by the employer may be regarded as justified by a genuine and determining occupational requirement within the meaning of Article 4 of Directive 2000/78. Such a measure is to be regarded as proportionate to the aim pursued, it follows that the disciplinary transfer did not constitute direct discrimination on grounds of religious conviction.