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- Title
Personal Religious Beliefs in the Workplace: How Not to Define Indirect Discrimination.
- Authors
Hatzis, Nicholas
- Abstract
In cases concerning indirect religious discrimination the claimant must demonstrate that an otherwise neutral measure has caused her to suffer a particular disadvantage because of her religion. In Eweida v British Airways the Court of Appeal held that personal religious beliefs which are not part of official religious dogma cannot be relied upon as the basis for a claim of indirect discrimination. I discuss, first, the reasoning of the Court of Appeal in Eweida; then I examine the way personal religious beliefs have been treated in other cases in Britain and in the United States; finally, I place the issue in a wider human rights framework.
- Subjects
RELIGION in the workplace; INDIRECT discrimination; ANTI-discrimination laws; DISCRIMINATION -- Religious aspects; ACTIONS &; defenses (Law); FREEDOM of religion; APPELLATE procedure; LIABILITY for emotional distress; BRITISH Airways PLC
- Publication
Modern Law Review, 2011, Vol 74, Issue 2, p287
- ISSN
0026-7961
- Publication type
Article
- DOI
10.1111/j.1468-2230.2011.00847.x