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Religion, Equality and Employment in Europe: The Case for Reasonable Accommodation

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Religion, Equality and Employment in Europe: The Case for Reasonable Accommodation

Name: Religion, Equality and Employment in Europe: The Case for Reasonable Accommodation
Brand: Hart Publishing
SKU: 9781509911370
Price: 1387.10 HKD
Availability: InStock
Author: Katayoun Alidadi
ISBN: 9781509911370

By Katayoun Alidadi

Hart Publishing June 2017

Specifications

ISBN-13: 9781509911370
Publisher: Hart Publishing
Publication: June 2017
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Using a multi-layered legal comparative and socio-legal contextual approach, this book addresses the extent, and through which legal mechanisms, the religion or belief of private-sector employees is protected in the workplace in Europe.

In so doing, it considers the extent of convergence or divergence between European countries (as evidenced by the three country studies under purview) when it comes to pervasive issues of the treatment and legal protection of religiously distinct dress at work, conflicting religion-worktime demands, job duties which conflict with religious beliefs or practices and other work-related challenges.

It constitutes an original and in-depth study of human rights and anti-discrimination law protections for employees' religion or belief at the international, European supranational and domestic levels.

Introduction: Religion and Employment in Europe. Thick Identities Colliding with Muscular Liberalism

I. The Turn Towards Religion and Accommodation

II. Scope of Analysis and Overview

III. Reasonable Accommodation: Typology, Hard Cases, Substantive Equality and Decommodification

IV. Liberalism, Thick Identities and Coping Mechanisms

PART 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

1. Religion or Belief in the Workplace under the Human Rights Framework

I. Human Rights, Religious Freedom and Diversity

II. The European Convention on Human Rights and the ECtHR

2. The 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

I. Introduction: The EU 'Fundamental Rights Revolution'

II. The CJEU and Religious Accommodations in the Workplace

PART 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

3. The (Non-)Accommodation of Religious Dress in the European Workplace

I. Introduction

II. Religious Dress in the Employment Context in Belgium: Judgment-Proof Restrictive Employer Practices

III. Accommodation of Religious Dress in the Dutch Workplace: Illustrating the Divergent General and Special Effects of Anti-Discrimination Law

IV. Accommodating Religiously Distinct Dress in the British Workplace: Progressive Case Law and

'Flexible Tolerance' on the Ground

V. Comparison: Corporate Neutrality Policies and the Uneven Rooting of Reasonable Accommodation

4. Conflicting Religion-Worktime Demands: Is Europe Keeping Up with the Times?

I. Introduction: Intersection of Human Rights and Working Time Regulation

II. Belgian Case Law on Religion-Worktime Conflicts

III. Dutch Case Law on Religion-Worktime Conflicts

IV. British Case Law on Religion-Worktime Conflicts

V. Conclusion

5. Religious Affiliation Discrimination and Miscellaneous Accommodation

I. Introduction

II. Religious Affiliation Discrimination: The Thin Heart of the Matter?

III. Negative Work Environment and Harassment; Proselytising in the Workplace

IV. Objections to Job Duties Grounded on Religion or Belief

V. Let's Shake on it? Social and Gender Relations in the Workplace

VI. Religious Prayer and Dietary Considerations in the Workplace

6. Country Study Insights and Reasonable Accommodation

I. The Limits of the Law

II. The Added Value of Reasonable Accommodation for Religion and Belief in the European Context

III. Arguments Against Reasonable Accommodation and Rebuttal

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Religion, Equality and Employment in Europe: The Case for Reasonable Accommodation

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