Religious%20Discrimination - PowerPoint PPT Presentation

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Religious%20Discrimination

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Religious Discrimination. Professor Lucy Vickers. Oxford Brookes University ... Exceptions do not allow discrimination on any other ground ... – PowerPoint PPT presentation

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Title: Religious%20Discrimination


1
Religious Discrimination
  • Professor Lucy Vickers
  • Oxford Brookes University

2
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)

3
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

4
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

5
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

6
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

7
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

8
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.
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