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Taking diversity seriously: Religious associations and work-related discrimination 99
to co-religionists exclusively. 113 So Heintz is not inconsistent with the rule
established in Caldwell, Garrod and Kearley that a religious school may
reasonably require its teachers to abide by a lifestyle requirement that
discriminates on otherwise prohibited grounds and by dismissing teachers
who fail to do so.
5.3 The United Kingdom
In the UK, the Human Rights Act, 1998 incorporates a right to religious
liberty and a right to be free from discrimination (articles 9 and 14
respectively of the European Convention on Human Rights (European
Convention)). Exemptions to legislation that outlaws discrimination on
the grounds of sex, religion and sexual orientation permit religious
employers to discriminate on these grounds in certain instances.
Discrimination in employment on the grounds of religion is prohibited
by the Employment Equality (Religion or Belief) Regulations, 2003, 114
which includes an exemption for employers who have ‘an ethos based on
religion or belief’. Regulation 7(3) provides that such employers can
discriminate on the grounds of religion where being of a particular religion
or belief is ‘a genuine occupational requirement for the job’ and ‘it is
proportionate to apply that requirement in the particular case’.
Discrimination in employment on the grounds of sex is outlawed by
the Sex Discrimination Act, 1975, as amended by the Employment
Equality (Sex Discrimination) Regulations, 2005. 115 Section 19 of this Act,
as amended, provides that sex discrimination in cases in which
‘employment is for the purposes of an organised religion' is permissible,
provided that the requirement that employees be of a particular gender is
imposed on one of two bases: where the discriminatory requirement is
imposed ‘so as to comply with the doctrines of the religion’, or where the
requirement is imposed ‘because of the nature of the employment and the
context in which it is carried out, so as to avoid conflicting with the
strongly held religious convictions of a significant number of the religion's
followers’.
The Employment Equality (Sexual Orientation) Regulations, 2003 116
prohibit discrimination on the grounds of sexual orientation, but include
an exemption (Regulation 7(3)) resembling the exemption for
discrimination on the grounds of sex: ‘If the employment is for the
purposes of an organised religion’ a requirement related to sexual
orientation may be imposed either if it is needed ‘to comply with the
113 Heintz (n 112 above) paras 109, 144 & 191.
114 SI 2003/1660.
115
SI 2005/2467.
116 SI 2003/1661.