Christians should be given some leeway to follow their beliefs in the workplace, the UK’s equality watchdog has determined.
The Equality and Human Rights Commission said judges had interpreted
the law “too narrowly” in cases where Christians had claimed religious
discrimination.
It is backing four British Christians who have lodged religious discrimination cases with the European Court of Human Rights.
They are Nadia Eweida, a British Airways check-in clerk who was
dismissed without pay in 2006 for refusing to cover up her cross
necklace; nurse Shirley Chaplin, who was removed from ward duties after
refusing a similar request; Gary McFarlane, a relationships counsellor
who was sacked for refusing to give sex therapy to same-sex couples; and
Lillian Ladele, a registrar who was disciplined for refusing to conduct
civil partnership registrations.
EHRC said that the way existing human rights and equality law was
being interpreted by judges was “insufficient” to protect freedom of
religion or belief.
Moreover, the EHRC argued that rulings by British and European courts
had created a “confusing and contradictory” body of law that was also
making it “difficult” for employers to know how to treat the religious
sensitivities of their employees.
The commission said it was possible for employers to accommodate
expression of religion alongside the rights of people who are not
religious and the needs of their business.
It is proposing “reasonable accommodation” to help employers manage
religion in the workplace and resolve disputes before they turn into
legal actions.
John Wadham, legal group director at the commission said: “Our
intervention in these cases would encourage judges to interpret the law
more broadly and more clearly to the benefit of people who are religious
and those who are not.
“The idea of making reasonable adjustments to accommodate a person’s
needs has served disability discrimination law well for decades.
“It seems reasonable that a similar concept could be adopted to allow someone to manifest their religious beliefs.”
The intervention comes not long after the EHRC was criticised by the
Evangelical Alliance for failing to support Christians who faced
discrimination.
The Evangelical Alliance said it was not so much secular humanists
making Christians feel under siege as “governments and bodies like the
Commission that buy into their narrow secularising agenda by pursuing
policies that directly and indirectly marginalise people of faith”.
This week, the Church of England General Synod heard that equality
laws are making it increasingly difficult for Christians to express
their faith in the workplace.
Church of England bishops have met with Coalition ministers to voice
their concerns over restrictions being placed on Christians by some
employers.
Dr Philip Giddings, chairman of the Church’s public affairs council,
said: “Some employers have interpreted the law in ways which seem to
assume that reasonable and respectful expressions of faith are, almost
by definition, offensive. This is a cause of great concern."
Dr Giddings said Coalition ministers had been "sympathetic" and that the Church was looking forward to "practical responses".