The protection of religious freedom in light of European anti-discrimination legislation

This article analyzes the legal framework governing ideological and religious organizations, emphasizing that the right to conduct a business in accordance with a specific ideological or religious belief has long been recognized in Europe. This recognition has been formally acknowledged in Italy through dedicated legislation and is also reflected at the European level in anti-discrimination directives, which allow for differential treatment when it is objectively justified by the nature or context of the job. However, the Italian Jobs Act reform of 2015 repealed the specific favorable provision that previously protected such organizations, raising questions about the current legal status of ideological considerations in employment. The article therefore investigates whether an employer’s ideological or religious orientation still holds relevance within the Italian legal system, particularly in the context of employment relationships — not only at the termination stage, but also in hiring, task assignment, and workplace policies. An examination of significant European case law, alongside an analysis of the Spanish legal approach, supports the conclusion that, even in the absence of explicit national provisions, the ideological orientation of the employer continues to play a meaningful role in shaping employment practices and justifying certain forms of differential treatment within ideological and religious organizations.