THE GOD “DILUTION”? RELIGION, DISCRIMINATION AND THE CASE FOR REASONABLE ACCOMMODATION

Abstract

AbstractAnti-discrimination complaints by religious employees have constructed seemingly intractable conflicts. The United Kingdom courts have resolved these disputes by diluting individual religious liberty, particularly when determining questions of disadvantage and proportionality under indirect discrimination. This article explores an alternative UK anti-discrimination claim route for religious employees, namely an employer duty of reasonable accommodation. A comparative analysis outlines the corresponding Canadian duty. This model is applied to UK employment cases featuring indirect religious discrimination, specifically those claims which formed the recent applications inEweida and Others v UK. It is suggested that adoption of the Canadian model be considered: its nuanced approach to proportionality is particularly instructive. Whilst such a UK duty could prove controversial, it would cohere with both normative theory in law and religion and conceptual understanding of anti-discrimination law. Moreover, reasonable accommodation's individualised focus should be acclaimed; it need not compromise collective notions of religious liberty.