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Vol 23 No 7 July/August 2018

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Religion, Equality and Employment in Europe: The Case for Reasonable Accommodation


ISBN13: 9781509911370
Published: June 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



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Using a multi-layered legal comparative and socio-legal contextual approach, this book addresses the extent, and through which legal mechanisms, the religion or belief of private-sector employees is protected in the workplace in Europe.

In so doing, it considers the extent of convergence or divergence between European countries (as evidenced by the three country studies under purview) when it comes to pervasive issues of the treatment and legal protection of religiously distinct dress at work, conflicting religion-worktime demands, job duties which conflict with religious beliefs or practices and other work-related challenges.

It constitutes an original and in-depth study of human rights and anti-discrimination law protections for employees' religion or belief at the international, European supranational and domestic levels.

Subjects:
Employment Law, Discrimination Law
Contents:
Introduction: Religion and Employment in Europe. Thick Identities Colliding with Muscular Liberalism
I. The Turn Towards Religion and Accommodation
II. Scope of Analysis and Overview
III. Reasonable Accommodation: Typology, Hard Cases, Substantive Equality and Decommodification
IV. Liberalism, Thick Identities and Coping Mechanisms

PART I. Freedom of Religion out of its Comfort Zone. Religion in the Workplace and Europe's Two Supranational Courts
Manoeuvring a Multi-layered Fundamental Rights Architecture
1. Religion or Belief in the Workplace under the Human Rights Framework
I. Human Rights, Religious Freedom and Diversity
II. The European Convention on Human Rights and the ECtHR
2. The EU and Religion or Belief in the Workplace: From the Rapid Rise of EU Non-Discrimination Law to the Limits of Market-Rationalised Equality Law
I. Introduction: The EU 'Fundamental Rights Revolution'
II. The CJEU and Religious Accommodations in the Workplace

PART II. Religion or Belief in the Belgian, Dutch and British Private Sector Workplace: Between Assimilation Demands and Reasonable Accommodation
European Country Studies: The Importance of Contextualisation
3. The (Non-)Accommodation of Religious Dress in the European Workplace
I. Introduction
II. Religious Dress in the Employment Context in Belgium: Judgment-Proof Restrictive Employer Practices
III. Accommodation of Religious Dress in the Dutch Workplace: Illustrating the Divergent General and Special Effects of Anti-Discrimination Law
IV. Accommodating Religiously Distinct Dress in the British Workplace: Progressive Case Law and
'Flexible Tolerance' on the Ground
V. Comparison: Corporate Neutrality Policies and the Uneven Rooting of Reasonable Accommodation
4. Conflicting Religion-Worktime Demands: Is Europe Keeping Up with the Times?
I. Introduction: Intersection of Human Rights and Working Time Regulation
II. Belgian Case Law on Religion-Worktime Conflicts
III. Dutch Case Law on Religion-Worktime Conflicts
IV. British Case Law on Religion-Worktime Conflicts
V. Conclusion
5. Religious Affiliation Discrimination and Miscellaneous Accommodation
I. Introduction
II. Religious Affiliation Discrimination: The Thin Heart of the Matter?
III. Negative Work Environment and Harassment; Proselytising in the Workplace
IV. Objections to Job Duties Grounded on Religion or Belief
V. Let's Shake on it? Social and Gender Relations in the Workplace
VI. Religious Prayer and Dietary Considerations in the Workplace
6. Country Study Insights and Reasonable Accommodation
I. The Limits of the Law
II. The Added Value of Reasonable Accommodation for Religion and Belief in the European Context
III. Arguments Against Reasonable Accommodation and Rebuttal