Religion, equality and employment in Europe : the case for reasonable accommodation / Katayoun Alidadi.
2017
KJC2945.R44 A84 2017 (Map It)
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Details
Author
Title
Religion, equality and employment in Europe : the case for reasonable accommodation / Katayoun Alidadi.
Published
Oxford ; Portland, Oregon : Hart Publishing, 2017.
Call Number
KJC2945.R44 A84 2017
ISBN
9781509911370 (hardback)
1509911375 (hardback)
9781509911394 (ePDF)
9781509911387 (ePub)
1509911375 (hardback)
9781509911394 (ePDF)
9781509911387 (ePub)
Description
xxx, 289 pages ; 24 cm
System Control No.
(OCoLC)971130484
Summary
The management of religious and ideological diversity remains a key challenge of our time -- deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms? Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination law and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion and belief in the workplace in Europe. In so doing, it draws on the case law of Europe's two supranational courts, three country studies -- Belgium, the Netherlands and the UK -- as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significance to academics, students, policy-makers, business leaders and anyone interested in a deeper understanding of the potentials and limits of European and Western inclusion, freedom and equality in a multicultural context.
Bibliography, etc. Note
Includes bibliographical references (pages 269-282) and index.
Available in Other Form
Online version: Alidadi, Katayoun. Religion, equality, and employment in Europe. Oxford [UK] ; Portland, Oregpon : Hart Publishing, 2017 9781509911387 (DLC) 2017004791
Record Appears in
Table of Contents
Preface
xiii
Acknowledgements
xv
List of Abbreviations
xxi
Table of Cases
xxiii
Introduction: Religion and Employment in Europe. Thick Identities Colliding with Muscular Liberalism
1
I.
Turn Towards Religion and Accommodation
1
II.
Scope of Analysis and Overview
6
III.
Reasonable Accommodation: Typology, Hard Cases, Substantive Equality and Decommodification
13
A.
Towards a Typology of Reasonable Accommodation
14
B.
Substantive Equality and Decommodification
17
IV.
Liberalism, Thick Identities and Coping Mechanisms
20
pt. 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
27
1.
Religion or Belief in the Workplace under the Human Rights Framework
31
I.
Human Rights, Religious Freedom and Diversity
31
A.
Introduction
31
B.
From Toleration of Minorities to Religious Freedom for All?
32
C.
Early Developments under International Law to Horizontalisation of Human Rights
36
II.
European Convention on Human Rights and the ECtHR
40
A.
Article 9 ECHR and Religion or Belief in the Workplace: Overview
40
B.
Facing the Restraints of Time: Religious Time Claims before the ECtHR
46
C.
Religious Dress before the ECtHR: Surrender of the `Clashing Headscarves' Debate to Member States
50
D.
Other Religious Practices before the ECtHR
53
E.
Human Rights in the Workplace in Flux: Eweida and its Ramifications
56
F.
Clashing Rights and Religious Accommodations: Calling for the Wisdom of Solomon?
62
2.
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
71
I.
Introduction: The EU `Fundamental Rights Revolution'
71
A.
Story of Equality Law as a Metaphor for the EU project
71
B.
From Market Efficiency to Decommodification?
75
C.
Employment Equality Directive: Convergence of Terminology, Divergence of Understanding?
76
D.
On `Religion or Belief' Discrimination under EU Equality Law
82
E.
Direct-Indirect Discrimination Dichotomy and the Duty of Reasonable Accommodation
90
F.
Indirect Discrimination and Reasonable Accommodations: Different Sides of the Same Coin?
95
II.
CJEU and Religious Accommodations in the Workplace
100
A.
Towards the First Two CJEU Religious Discrimination Decisions
100
B.
Religious Dress: Direct Discrimination versus Indirect Discrimination, and the Duty to Accommodate
106
C.
Reconciling Work and Religious Time under EU Equality Law: Remembering Vivien Prais
109
Concluding Remarks on Part 1
113
pt. 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
117
3.
(Non-)Accommodation of Religious Dress in the European Workplace
125
I.
Introduction
125
II.
Religious Dress in the Employment Context in Belgium: Judgment-Proof Restrictive Employer Practices
125
A.
HEMA: Normalised Intolerance towards the Headscarf in Belgium?
127
B.
G4S: Company Neutrality `Practice' Suffices
130
C.
Club Case in Brussels: Headscarves, Books and Shoes
134
III.
Accommodation of Religious Dress in the Dutch Workplace: Illustrating the Divergent General and Special Effects of Anti-Discrimination Law
136
A.
ETC and Religious Dress Accommodation
137
B.
Dutch Courts and the Accommodation of Religious Dress
146
IV.
Accommodating Religiously Distinct Dress in the British Workplace: Progressive Case Law and `Flexible Tolerance' on the Ground
151
A.
Religious Dress and Grooming Disputes in Britain
152
V.
Comparison: Corporate Neutrality Policies and the Uneven Rooting of Reasonable Accommodation
157
A.
Legal Assessment of Private Neutrality Policies: Bias Hidden in Plain Sight
160
4.
Conflicting Religion-Worktime Demands: Is Europe Keeping Up with the Times?
167
I.
Introduction: Intersection of Human Rights and Working Time Regulation
167
II.
Belgian Case Law on Religion-Worktime Conflicts
169
A.
Sabbath and Religious Service
172
B.
Resting During Ramadan
175
III.
Dutch Case Law on Religion-Worktime Conflicts
176
IV.
British Case Law on Religion-Worktime Conflicts
180
V.
Conclusion
188
5.
Religious Affiliation Discrimination and Miscellaneous Accommodation
193
I.
Introduction
193
II.
Religious Affiliation Discrimination: The Thin Heart of the Matter?
196
III.
Negative Work Environment and Harassment; Proselytising in the Workplace
199
IV.
Objections to Job Duties Grounded on Religion or Belief
201
A.
Traditional Conscientious Objections
201
B.
Modern Conscientious Objections
203
C.
Multicultural Objections
208
V.
Let's Shake on it? Social and Gender Relations in the Workplace
211
A.
Redefining the Parameters of Politeness? Refusal to Shake Hands in the Netherlands
213
B.
Shaking Hands in Belgium
223
C.
Shaking Hands in the UK
225
VI.
Religious Prayer and Dietary Considerations in the Workplace
228
6.
Country Study Insights and Reasonable Accommodation
231
I.
Limits of the Law
231
II.
Added Value of Reasonable Accommodation for Religion and Belief in the European Context
234
III.
Arguments Against Reasonable Accommodation and Rebuttal
239
A.
Comprehensive EU Anti-discrimination Law Makes Reasonable Accommodation Obsolete
243
B.
Adopting such Right is Undesirable and/or Politically Unfeasible
245
C.
`Voluntary Accommodation' Renders Legal Enforceability Redundant
248
D.
Settling for Reasonable Accommodation is Short Selling Minorities
252
E.
Reasonable Accommodation in Europe is a Misfit
256
Conclusion
261
Bibliography
269
Index
283