When non-discrimination law struggles with the “conscience” of companies

In recent years, on both sides of the Atlantic, litigation of an unusual nature is taking place. Profit companies, and not merely churches or religious organizations, are claiming the benefit of exemptions based on religious freedom. These cases, which disclose an enlarged notion of « conscience » or ethos, lead to (re) think the foundations of the right to equality and non-discrimination to avoid its unravelling or instrumentalization.