Religious Discrimination

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					Religious Discrimination


The Employment Equality (Religion
    or Belief) Regulations 2003
        Government Policy
• “We don’t do God…”

• Alistair Campbell 2003
              ‘Old’ Law
• Race Relations Act 1976

• Set up Commission for Racial Equality
• Influenced by race riots and Civil Rights
  [U.S.]
• Gives effect to EC Law – Equal Treatment
               RRA 1976
• Discrimination on the grounds of ‘colour,
  race, nationality, ethnic or national
  origin’…

• But NOT religion
               RRA 1976
• ‘A person discriminates against another if
  on racial grounds he treats that person less
  favourably than he treats or would treat
  others….’

• S1 (1) RRA 1976
• Direct discrimination
               RRA 1976
• Indirect discrimination

• Where there is a requirement or condition
  that seems to apply to all but negatively
  affects one group more than another
               RRA 1976
• Mandla v Dowell Lee [1983]

• Sikh boy admitted to public school on the
  condition that he wears the full uniform –
  ie cap
• Held: indirect race discrimination
• Question: isn’t Sikhism a religion?
                    Mandla
• Ratio:

• Lord Fraser:
• ‘a group is of ‘ethnic origin’ if it has “shared
  customs, beliefs, traditions and characteristics
  derived from a common past or long shared
  history…’

• So – Sikhism covered by the RRA
                 RRA 1976
• Seide v Gillette [1980]
• Jewish faith also covered

• Dawkins v Dept of the Environment [1993]
• Rastafarianism excluded – not a long shared
  history [1930’s]

• CRE v Dutton [1988]
• Romany travellers covered
            Inconsistency?
• Article 13 -   Treaty of Amsterdam 1999

• ‘….to prohibit discrimination based on sex,
  racial, ethnic or social origin, RELIGIOUS
  BELIEF, disability, age or sexual
  orientation…’
                   So…
• Employment Equality Regulations 2003-
  2006
• Religion or Belief Regs 2003
• Covers – discrimination – harassment and
  victimisation
• On grounds of actual or perceived religion
  or belief and of third parties
               Problems?
• Religion, religious belief or philosophical
  belief

• Satanism
• Raelianism
• Jedi Knights….
            Recent Case Law
• McNab v Glasgow City Council
• Atheist discriminated against by Catholic School
  – no GOR

• Apelogun-Gabriels v Lambeth Borough Council
  2002
• Dismissed Christian NOT discriminated against
  for distributing Homophobic literature - non-
  Christian treated the same way
               Case Law
• Azmi v Kirklees Borough Council 2007

• Muslim teaching assistant – NOT
  discriminated against when dismissed for
  refusing to remove veil
• GOR
• Did succeed in victimisation claim
              Case Law
• Baggs v Fudge 2007

• BNP membership NOT a religion or set of
  philosophical beliefs

• Policy?
Costly to ignore?

				
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posted:8/31/2012
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