Is there a place for the Islamic veil in the workplace? Managerial prerogatives and the duty of reasonable accommodation in the EU anti-discrimination governance

Abstract:In certain situations, religious minority members ask for an exception to general rules because they could be discriminatory for this collective. These exceptions are called reasonable accomodations and have been recognised in different legal systems, but always conditioned not to the presence of certain circumstances (costs, safety, third-party rights, etc.). In this article, the regulations and case law on reasonable accommodation in Canada, United States and Europe are analysed.

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Managing Religious Diversity in the Private Sphere in Post-Secular Societies: Lessons from Business and Human Rights

Letnar Černič

2023

Religions

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This article discusses managing religious diversity in post-secular societies by drawing lessons from business and human rights. Managing religious diversity has been traditionally played out in the realms of the state. A state’s primary obligation is to respect and protect religious diversity in its society. This article looks beyond the state by arguing that managing diversity is a two-way street. It submits that business and human rights standards are benchmarks by which state and corporations’ effective management of religious diversity should be measured and supervised. This article argues that business and human rights standards, such as the United Nations Guiding Principles on Business and Human Rights, establish the obligations of business and other private actors, such as religious communities, to respect and protect human rights in private relations. Businesses carry negative and positive obligations to employ a human-rights-based approach to managing religious diversity in their business operations. Religious communities, for their part, have to manage religious diversity to the extent their autonomy and self-governance allow for it. Equipped with this knowledge, this article concludes that business and human standards, including the United Nations Guiding Principles, represent the standards that business and religious communities should comply with in managing religious diversity in private relationships.

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Is there a place for the Islamic veil in the workplace? Managerial prerogatives and the duty of reasonable accommodation in the EU anti-discrimination governance

Cited by 3 publications

References 16 publications

Genuine and Determining Occupational Requirement as an Exception to the Prohibition of Discrimination in EU Law

Genuine and Determining Occupational Requirement as an Exception to the Prohibition of Discrimination in EU Law

Reasonable Accommodation Based on Religious Beliefs or Practices. A Comparative Perspective Between the American, Canadian and European Approaches

Managing Religious Diversity in the Private Sphere in Post-Secular Societies: Lessons from Business and Human Rights

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