Religious Freedom, Religious Discrimination and the Workplace

The book considers the extent to which religious interests are protected in the workplace, with particular reference to the protection against religious discrimination provided by the Employment Equality (Religion and Belief) Regulations 2003. It establishes a principled basis for determining the proper scope of religious freedom at work, and considers the interaction of freedom of religion with the right not to be discriminated against on grounds of religion. Discrimination on grounds of religion and belief within the workplace raises many complex and contested issues, not least because of the multi-faceted nature of religious discrimination. Discrimination can occur where secular employers refuse to employ or accommodate religious employees, as well as where religious groups refuse to employ those of a different religion, or those of the same religion whose interpretation or practice of the faith differs. Adding to the complexity is the fact that freedom of religion is protected as a fundamental human right which may be enjoyed by both religious individuals and religious groups. Although it is not an absolute right, its importance to individuals means that religious freedom may warrant a degree of protection in the work context. The book begins with a study of the basis for protecting religious freedom and considers the extent to which that right should be exercised in specialised context of the workplace. It takes a comparative approach, considering the position in other common law jurisdictions, and within the European Union. It locates the debate surrounding these issues within a philosophical and theoretical framework in which the importance of freedom of religion, and its role within the workplace is fully debated.

Table of Contents:
Chapter 1: Religious Discrimination and Religious Freedom at Work I Introduction II Religion in the UK III Experience of Discrimination IV Tackling Religious Discrimination Chapter 2: Seeking a Definition of Religion and Belief I What is 'Religion'? II Defining Belief III Towards a Definition of Religion and Belief Chapter 3: Protecting Religion at Work I Introduction II Why Protect Religious Interests? III Protecting Religious Interests in the Work Context IV The Proportionality Equation: Religion and the Workplace V Conclusion Chapter 4: Freedom of Religion at Work and the European Convention on Human Rights I Freedom of Religion and the Human Rights Act 1998 II Protection of Freedom of Religion Under the ECHR III Freedom of Religion Under Article 9 IV Protection Against Religious Discrimination Under Article 14 V Conclusion 116 Chapter 5: Protection Against Religious Discrimination in the UK I Protection Under the Employment Equality (Religion and Belief) Regulations 2003 II Religious Schools III Protection of Religious Interests Which are Not Protected by the Regulations IV Conclusion Chapter 6: Religious Interests in the Workplace: Comparative Perspectives I United States of America II Canada III Europe IV Conclusion Chapter 7: Religious Freedom at Work I A Duty of Reasonable Accommodation? II Protecting Religious Work III Remaining Difficulties IV Conclusion

About the Author :
Lucy Vickers is a Professor of Law and Director of the Centre for Legal Research and Policy Studies at Oxford Brookes University.

Review :
…a thoughtful and comprehensive book which will be of value to all of us…who teach and work in the field of employment law. The book looks at such issues as the nature of religious freedom, discrimination based on religious interests, the extent to which such interests deserve protection at the workplace, and the guidance offered by international instruments such as the European Convention on Human Rights. Although the work is UK-centred, there are some comparative perspectives included, notably from the United States, Canada and the rest of Europe. ...scholarly, informative, interesting, and thought-provoking...Vickers has written a highly informative book that provides great detail about the subject. She offers the reader nuanced and dense discussions of the issues, and while some readers may find the legal arguments and explanations complex, the informed reader with an interest in the subject will welcome the elucidation and clarification of many fine points...an informative and welcome addition to the literature on this important subject. This work is a comprehensive overview of the topic with some extremely useful material, particularly in the early chapters. The author's style is concise and accessible, which will render this book useful to academics, students and practitioners both within and without the law, although they may wish to read it alongside a more recent discussion of the relevant case law. ...a thoughtful and wide-ranging survey, enhanced by a useful section on comparison with other jurisdictions...It is not possible within the confi nes of a book review to do justice to the rich and fascinating range of arguments propounded in this work.