Employment Law: Discrimination on the Grounds of Religion

Running head: EMPLOYMENT LAW
Employment Law
Name of the Student
Name of the University
Author Note

1EMPLOYMENT LAW
A critical Analysis on employment equality law concerning discrimination on the
grounds of religion pertaining to Ireland
A person treated differently and in a less favourable manner, on the ground of his
religion or belief or his decision to not be bound by a particular religion or belief can be
marked as being discriminated on the grounds of religion1. The difference in treatment could
be a result of a policy or rule; however, it does not need to be intentional to be held as
unlawful. To guard such inequality, the Irish Human Rights and Equality Commission
(IHREC) strictly stands up against any form of discrimination and strives to promote equality
pertaining to the matters covered by the Employment Equality Acts (from 1998 to 2011).
These Acts strive to protect employees and workers against any forms of discrimination at
their workplace. The following nine grounds are safeguarded by the Employment Equality
Acts in context to the workplace discrimination one may face: a) Age, b) Civil status
(previously marital status), c) Family Status, d) Gender, e) Disability, f) Race, g) Religion, h)
members of Traveller Community, and i) Sexual Orientation. Discrimination can be direct as
well as indirect2. Direct discrimination occurs when a worker or an employee is treated
differently or less favoured under the above-mentioned nine grounds. It shows quite blatantly
from the circumstances that such person is being treated unequally3. Indirect discrimination
occurs when an employee or group of employees or a job applicant is treated differently due
to certain employment policy or requirements, which he may find difficult or impossible to
satisfy4. After the phrase ‘religion or belied’ was included along with ‘race or ethnicity,
gender, age, disability and sexual orientation’ under Article 13 of the Treaty Establishing
the European Community in 1997 (EC Treaty), the EU countries have started considering
1 Hayward, R. David, and Neal Krause. "Religion and strategies for coping with racial discrimination among
African Americans and Caribbean Blacks." International Journal of Stress Management 22.1 (2015): 70.
2 Spencer, Sarah, and Colin Harvey. "Context, institution or accountability? Exploring the factors that shape the
performance of national human rights and equality bodies." Policy & Politics 42.1 (2014): 89-107.
3 Moeckli, Daniel. "Equality and non-discrimination." Equality and Non-Discrimination under International
Law. Routledge, 2017. 53-70.
4 Zliobaite, Indre. "A survey on measuring indirect discrimination in machine learning." arXiv preprint
arXiv:1511.00148 (2015).

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religion as one of the factors relating to which one can be discriminated and treated less
favourably in context to implement the anti-discrimination provisions. However, there are
regulations such as the Employment Directive, which lays down exceptions which allows
discrimination on the grounds of age, religion or belief, disability and sexual orientation.
Therefore, in this paper, the discrimination on the grounds of religion breaching the
provisions of Employment Equality Acts is being focused on, to discuss the various scenarios
along with cases of religious discrimination faced by workers or employees. The paper strives
to critically analyse the employment equality law concerning discrimination on the grounds
of religion pertaining to Ireland.
In context of this paper, focusing on the discrimination in terms of religion,
the Employment Equality Acts aims to protect anyone who is being discriminated on the
grounds of religion in his workplace, either by the employer or by his fellow colleagues.
According to Ruthergien, the Acts protect anyone who is a full-time or part-time or a
temporary employee working under a public or private sector or in a training body, trade
union or any other employment agency5. In addition, it also includes people who are self-
employed, local or state authority office holders, partners in partnership, et cetera. The
legislations ban victimization, which a person might face when he faces discrimination
pertaining to his religion or belief. The law strictly directs the employers and others in an
employment not to treat a person differently regarding his religious belief or if a person holds
no religious belief at all. In addition to the Employment Equality Acts, Article 9 of the
European Convention on Human Rights provides a right to freedom of religion, along with a
freedom of thought and conscience. This gives a person the liberty to change his religion or
belief in worship, preaching and practice. However, there are restrictions imposed on the
5 Ruthergien, George. Employment Discrimination Law, Visions of Equality in Theory and Doctrine. West
Academic, 2016.

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implementation of this clause ‘in accordance with law’ which is important to be maintained
in a democratic society6.
As seen in the case of McKeever v Board of Management Knocktemple National
School and Minister for Education & Science, a teacher in Ireland was discriminated by the
school authority whose competence was questioned on the grounds of religion7. She was
questioned on her competence to furnish a catholic religion certificate. The case highlighted
the authority of Catholic Church in the process of appointing teachers in schools. The teacher
was initially informed that not having a catholic certificate would not be a problem for her as
she would be teaching the fourth grade; however the commitment was withdrawn. It was
reported by the Equality Officer that there was a clear case of discrimination on the grounds
of religion as the decision of the board was heavily influenced by religion and the absence of
the Catholic certificate. The teacher was awarded a compensation of 12,697 Euros as
compensation along with a permanent position as a teacher in a different school. This case
has also resulted in an order being passed compelling the school to follow appropriate and
non-discriminatory procedures while recruiting their staffs. The school was also in this case
ordered to maintain proper records with respect to all the applications and interviews relating
to the recruitment process. The school authorities have also made an apology towards the
teacher for not following proper recruiting procedure. In deciding the case, the court had
made the contention that the school has made a discussion on the religion of the teacher and
their decision of recruitment of the teacher has been withdrawn based on the religion of the
complainant. In this context it can be contended that the decision of the court has been
delivered against section 37, which provides for the exception to the general rule. This
section requires the imposition of religious beliefs to be justified in case of religious
institutions. According to Herbert, this can be argued that the contention that the religious
6Cox., N., Corbett, V. & Ryan, D., Employment Law in Ireland (Dublin: Clarus Press, 2009)
7McKeever v Board of Management Knocktemple National School and Minister for Education & Science (DEC-
E2010-189)