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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Religious Freedom, Religious Discrimination and the Workplace 2nd ed isbn 9781849466363

Religious Freedom, Religious Discrimination and the Workplace


ISBN13: 9781841136875
New Edition ISBN: 9781849466363
Published: December 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print



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 discriminated 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.

Subjects:
Employment Law, Discrimination Law
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