This chapter deals with religious discrimination law under the Equality Act. It discusses the historical background of religious discrimination law, protected characteristics, prohibited conduct on grounds of religious discrimination,. Religion and belief is not specifically defined in the statute, and is left for the courts to define. Atheists are protected, but beliefs which ‘conflict with the fundamental rights of others’ are not. Dress codes are one of the most contested topics in this area of law. There are also specific exceptions for religious employers. The chapter also considers the conflict and competing interests between religious discrimination and other protected characteristics, such as sexual orientation and gender reassignment.
Chapter
15. Religious discrimination
Chapter
16. Sex discrimination
This chapter deals with sex discrimination law under the Equality Act. It discusses the historical and legal background of sex discrimination law, protected characteristics and prohibited conduct on grounds of sex discrimination. Sex discrimination is symmetrical in that it can be claimed by both men and women. Direct sex discrimination cannot be justified unless there is an occupational requirement while indirect sex discrimination can be objectively justified. A person who has been treated less favourably for claiming sex discrimination or giving evidence in such a matter can claim victimisation. A person can claim harassment, and sexual harassment is also specifically outlawed in the Equality Act. The chapter also discusses dress codes.
