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Author: Farrah Raza
Publisher: Bloomsbury Publishing
ISBN: 1509937110
Category : Political Science
Languages : en
Pages : 249
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Book Description
On what grounds should religious accommodation claims be limited? When do religious claims harm the autonomy of others? This book proposes an original model of religious accommodation which can be applied in secular liberal democracies where religious diversity has been a hotly contested issue. Addressing the complex question of limitations to the right to Freedom of Religion or Belief and how these limitations might be determined, it examines how religious claims can harm the autonomy of others and emphasises the need for an appropriate balancing of competing interests. Drawing on a range of case study examples from jurisdictions including the US, Canada, the European Court of Human Rights, the European Union's Court of Justice, the UK, Germany and France, this is a timely contribution to the debate on how a legal duty or policy approach in favour of religious accommodation can be applied in practice. Moreover, the proposed model offers criteria that may be used to guide the implementation of equality and diversity policies in contexts such as employment and education. The book will be of interest to academics, legal practitioners and policy-makers in the field.
Author: Farrah Raza
Publisher: Bloomsbury Publishing
ISBN: 1509937110
Category : Political Science
Languages : en
Pages : 249
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Book Description
On what grounds should religious accommodation claims be limited? When do religious claims harm the autonomy of others? This book proposes an original model of religious accommodation which can be applied in secular liberal democracies where religious diversity has been a hotly contested issue. Addressing the complex question of limitations to the right to Freedom of Religion or Belief and how these limitations might be determined, it examines how religious claims can harm the autonomy of others and emphasises the need for an appropriate balancing of competing interests. Drawing on a range of case study examples from jurisdictions including the US, Canada, the European Court of Human Rights, the European Union's Court of Justice, the UK, Germany and France, this is a timely contribution to the debate on how a legal duty or policy approach in favour of religious accommodation can be applied in practice. Moreover, the proposed model offers criteria that may be used to guide the implementation of equality and diversity policies in contexts such as employment and education. The book will be of interest to academics, legal practitioners and policy-makers in the field.
Author: Farrah Raza
Publisher:
ISBN: 9781509937134
Category : Civil rights
Languages : en
Pages : 176
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Book Description
"When does religious accommodation undermine the autonomy of others? On what grounds should religious accommodation claims be limited? This book offers an original model of religious accommodation which can be applied in practice in secular liberal democracies where religious diversity continues to pose various challenges. Firstly, the book makes a case for religious accommodation by addressing the key normative challenges raised by religious claims. Secondly, it offers a typology of how religious claims can be managed and limited through the careful balancing of competing interests. The author draws on case study examples from jurisdictions subject to the European Court of Human Rights and the European Union's Court of Justice such as the UK, Germany and France. The result is a timely contribution to the debate on how a legal duty or policy approach in favour of religious accommodation can be applied in practice. Moreover, the proposed model offers criteria that can be used to guide the implementation of equality policies in contexts such as employment and education. The book will be of interest to academics, legal practitioners and policy-makers."--
Author: Dallan Flake
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
For decades, litigants and legislators alike have attempted unsuccessfully to overturn Trans World Airlines v. Hardison, the 1977 Supreme Court decision holding an employer does not have to provide a religious accommodation to an employee if the accommodation would impose more than de minimis cost on the employer. This effectively gutted Title VII's religious accommodation requirement by enabling employers to avoid accommodating employees for almost any reason at all. This Article does not advocate for a change in the law, as others have, but instead proposes a new way forward. It makes the case that employers should voluntarily provide religious accommodations beyond what the law requires. This is because we now live in the age of whole-self employment, wherein employees are no longer content to check their personal lives at the workplace door, but instead expect to be able to bring their entire selves--including their religious beliefs and practices--with them to work. Accommodation facilitates whole-self employment by allowing religious employees to express a fundamental dimension of themselves in the workplace. Empirical research overwhelmingly confirms employees who are allowed to express their authentic selves at work are happier, harder working, and more loyal to their employers. Research also shows that a content workforce is a productive workforce. Thus, employers should approach religious accommodations not as a burden but as an investment--an opportunity to allow employees to display a part of themselves that will make them better workers. While employers would incur upfront costs in voluntarily accommodating employees, the potential return on this investment justifies its expense.
Author: Lori G. Beaman
Publisher: UBC Press
ISBN: 0774858206
Category : Political Science
Languages : en
Pages : 201
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Book Description
A powerful examination of the governance of a religious citizen and of the limits of religious freedom, this book demonstrates that the stakes in debates on religious freedom are not just about beliefs and practices but also have implications for the construction of citizenship in a diverse nation. Lori Beaman looks at the case of Jehovah’s Witness Bethany Hughes who was denied her right to refuse treatment on the basis of her religious conviction, reflecting a particular moment in the socio-legal treatment of religious freedom and reveals the specific intersection of religious, medical, legal, and other discourses in the governance of the religious citizen.
Author: John Corvino
Publisher: Oxford University Press
ISBN: 0190603070
Category : Philosophy
Languages : en
Pages : 353
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Book Description
This book explores emerging conflicts about religious liberty and discrimination. In point-counterpoint format, it brings together longtime LGBT rights advocate John Corvino and rising conservative thinkers Ryan T. Anderson and Sherif Girgis to debate Religious Freedom Restoration Acts (RFRAs), anti-discrimination law, and age-old questions about identity, morality, and society.
Author: Lori G. Beaman
Publisher: UBC Press
ISBN: 0774822775
Category : Religion
Languages : en
Pages : 248
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Book Description
Often when a religious minority challenges mainstream customs, the phrase “reasonable accommodation” is at the centre of the ensuing debate. But does reasonable accommodation achieve its goal of integrating the rights of religious minorities with those of mainstream society, or does it really emphasize inequality? Reasonable Accommodation seeks to define the meaning of this phrase and to provide a much-needed critical assessment of its use within Canada and abroad. Woven throughout is commentary about whether there really is a religious majority in Canada, how the idea of “shared values” obscures debate, and how tolerating religious differences simply isn’t enough to guarantee equality.
Author: Debbie Kaminer
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article examines how the federal courts have used the requirement of immutability to limit an employee's right to religious accommodation in the workplace under § 701(j) of Title VII of the 1964 Civil Rights Act. Section 701(j) explicitly mandates reasonable accommodation of an employee's religious beliefs and observances if accommodation can be made without undue hardship to the employer. The mutable/immutable distinction should therefore not be an issue in the religious accommodation cases since accommodation is mandated by statute regardless of whether religion is an immutable trait. However, a careful reading of the case law and examination of the rhetoric used by the federal courts illustrates that judges often implicitly find that religion is little more than an issue of personal choice and therefore not entitled to protection under § 701(j).
Author: James N. Szymalak
Publisher:
ISBN:
Category : Freedom of religion
Languages : en
Pages : 379
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Book Description
This study explores the proper limits of workplace religious accommodation within public administration by examining the predicted outcomes of proposed legislation that would permit employees to refuse to perform their assigned duties based upon religious objections. A test suite of crucial cases is developed to predict outcomes under both the existing religious accommodation framework, and the proposed expanded obligation. The study concludes that an expanded accommodation obligation would likely result in the infliction of dignitary harm upon certain government service beneficiaries, and such harm potentially impares administrative legitimacy. It also reveals significant constitutional issues with an expanded obligation, as well as challenges to implementation and adjudication. The project integrates the public policy, public law, and public administration subfields.
Author: United States. Equal Employment Opportunity Commission
Publisher:
ISBN:
Category : Affirmative action programs
Languages : en
Pages : 368
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Book Description
Author: Austin Sarat
Publisher:
ISBN: 9781139571029
Category : Freedom of religion
Languages : en
Pages : 326
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Book Description
This book questions what practices constitute a 'religious activity' such that it cannot be supported or funded by government.
