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Class Wars? Religion and (In)Equality in the Workplace

Posted: 12 Mar 2009  

Aileen McColgan

King's College London – The Dickson Poon School of Law

Date Written: March 2009

Abstract

In this paper, I seek to demonstrate the potential for conflict inherent in the prohibition of discrimination on grounds of religion or belief with the regulation of discrimination on other grounds. I suggest that such conflict is inevitable and that it is a mistake to protect religion and/or belief in like manner to grounds such as sex, race, sexual orientation and disability. While such protection is, at present, required by EC law, I suggest that legislation along present lines is not required by the European Convention on Human Rights and that it is not justified by any special quality of religion. On the contrary, I argue that requiring the accommodation of practices or beliefs categorised as ‘religious’ tends to perpetuate practices and beliefs which are problematic on equality and other grounds.

Suggested Citation

McColgan, Aileen, Class Wars? Religion and (In)Equality in the Workplace (March 2009). Industrial Law Journal, Vol. 38, Issue 1, pp. 1-29, 2009. Available at SSRN: https://ssrn.com/abstract=1357951 or http://dx.doi.org/10.1093/indlaw/dwn025

Aileen McColgan (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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