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Religious Discrimination. Professor Lucy Vickers Oxford Brookes University. The Employment Equality (Religion or Belief) Regulations 2003. Approx. half of cases dealt with by ACAS brought by Muslims
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Religious Discrimination Professor Lucy Vickers Oxford Brookes University
The Employment Equality (Religion or Belief) Regulations 2003 • Approx. half of cases dealt with by ACAS brought by Muslims • Other claims by Christians, Jews, Hindus, Sikhs and ‘non-Catholics’ claiming against Catholic schools. • Claims have included bullying and harassment, verbal abuse, giving individuals impossible deadlines, subjecting claimants to increased scrutiny, denying access to training, refusing holiday requests, and disputes over dress codes. • (ACAS Research Paper 2007)
Definition of Religion or Belief • ‘any religion, religious belief, or philosophical belief,’ • amended in Equality Act 2006 from ‘religion or similar philosophical belief’ • includes reference to a lack of a religion or belief. • ECHR suggests that beliefs must have sufficient ‘cogency, seriousness, cohesion and importance’. • Devine v Home Office
Religion or Belief Regulations • Direct Discrimination • Indirect Discrimination • Requirements to work on Saturdays or Sundays • Disputes over dress or grooming codes Azmi v Kirklees Metropolitan Council • Justification and proportionality standards
Religion or Belief Regulations • Harassment • potential conflict with sexual orientation harassment, freedom of expression and freedom of religion • Ladele v. London Borough of Islington [2008] • Victimisation
Exception for genuine occupational requirement • The standard exception: • religious requirement is a genuine and determining occupational requirement and it is proportionate to apply that requirement in the particular case • The Religious Ethos Organisation exception • religious requirement is genuine and it is proportionate to apply that requirement in the particular case • Glasgow City Council v McNab
Exception for genuine occupational requirement • Exceptions do not allow discrimination on any other ground • Except ‘for the purposes of on organised religion’ see Regulation 7(3) Sexual Orientation Regulations • Amicus • Reaney v Hereford Diocesan Board of Finance
Further developments • Equality Act 2006 introduces protection against religious discrimination in the provision to the public of goods, facilities or services, and the provision of premises. • Exception for non-commercial of organisations relating to religion or belief, where necessary to comply with the religion or to avoid offence on grounds of religion.