Two Errors in Relation to Respecting Religious Rights: Driving a Wedge between Religion and Ethics/Morals and Treating All Kinds of Religious Employers the Same

Canadian Diversity, Vol 9:3 Summer 2012

5 Pages Posted: 7 Nov 2012 Last revised: 19 Mar 2015

Iain T. Benson

University of Notre Dame Australia; University of the Free State - Faculty of Law, Department of Public Law

Date Written: August 1, 2012

Abstract

This article argues that “creed” and religion should be understood as something that informs what a person takes into the public and that necessarily includes beliefs that may (and often do) influence “morals and ethics” and even “politics.” Second, religion may be diminished because, with respect to religious employers, there has been insufficient attention to the kind of religious project that is at issue when an employee challenges the employer’s religious rules. The focus has been, in some cases, on the kinds of job duties rather than the nature of the religious association or project itself. An approach to the latter, called by some and “organic” approach views religious projects as wholes and does not subordinate them to an unduly individualistic reading in the way that “job parsing” tests do.

Keywords: diversity, equality, pluralism, Freedom of religion, liberalism, accommodation of religion

JEL Classification: K12, K39, Z12

Suggested Citation

Benson, Iain T., Two Errors in Relation to Respecting Religious Rights: Driving a Wedge between Religion and Ethics/Morals and Treating All Kinds of Religious Employers the Same (August 1, 2012). Canadian Diversity, Vol 9:3 Summer 2012. Available at SSRN: https://ssrn.com/abstract=2172431 or http://dx.doi.org/10.2139/ssrn.2172431

Iain Tyrrell Benson (Contact Author)

University of Notre Dame Australia ( email )

29 Shepard Street
Chippendale, Sydney 2008
Australia

University of the Free State - Faculty of Law, Department of Public Law ( email )

Bloemfontein
South Africa

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