Personal Religious Beliefs in the Workplace: How Not to Define Indirect Discrimination
University of Oxford - Faculty of Law; City Law School
March 4, 2011
The Modern Law Review, Vol. 74, Issue 2, pp. 287-305, 2011
In cases concerning indirect religious discrimination the claimant must demonstrate that an otherwise neutral measure has caused her to suffer a particular disadvantage because of her religion. In Eweida v British Airways the Court of Appeal held that personal religious beliefs which are not part of official religious dogma cannot be relied upon as the basis for a claim of indirect discrimination. I discuss, first, the reasoning of the Court of Appeal in Eweida; then I examine the way personal religious beliefs have been treated in other cases in Britain and in the United States; finally, I place the issue in a wider human rights framework.
Number of Pages in PDF File: 19Accepted Paper Series
Date posted: July 13, 2011
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