Seller
RRP: £95.00
Save £17.48 (18%)
Printed on Demand
Dispatched within 7-9 working days.
Religion, Equality and Employment in Europe
The Case for Reasonable Accommodation
Synopsis
The management of religious and ideological diversity remains a key challenge of our time - deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms?
Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination law and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion and belief in the workplace in Europe. In so doing, it draws on the case law of Europe's two supranational courts, three country studies -Belgium, the Netherlands and the UK - as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significance to academics, students, policy-makers, business leaders and anyone interested in a deeper understanding of the potentials and limits of European and Western inclusion, freedom and equality in a multicultural context.
Awarded an honourable mention from the International Academy of Comparative Law for the 2018 Canada Prize!
New & Used
Seller |
Information |
Condition |
Price |
|
| - | New | £77.52 + FREE UK P & P | |
What Reviewers Are Saying
Aug 18th 2017, 16:32
ACCOMMODATING RELIGIOUS BELIEFS IN THE WORKPLACE: ARE THERE LIMITS?
Awesome - 10 out of 10
ACCOMMODATING RELIGIOUS BELIEFS IN THE WORKPLACE: ARE THERE LIMITS?
An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers
and Reviews Editor, “The Barrister”
Religious diversity in the workplace: what is it … what effect does it have in a European context… is it a goal worth working towards and if so, how can it be achieved? These and numerous related questions are what author Katayoun Aldidi endeavours to answer in this significant new monograph published by Hart Publishing, a division of Bloomsbury Publishing Plc.
What is referred to as ‘reasonable accommodation’ is cited as the key legal concept under scrutiny here. In England and Wales at any rate, where words and word meanings are considered of prime importance in law, there’s going to be an almighty philosophical cum jurisprudential debate about what exactly constitutes ‘reasonable’ when what is deemed ‘reasonable’ is often a matter of private opinion influenced by public policy, or vice versa.
As for ‘accommodation’, the exact intent of this word in the context of the author’s arguments may escape some readers. But if it has acquired a meaning similar to that of the words ‘tolerance’ or ‘acceptance.’ then that is an argument that might be put forward with perhaps greater emphasis.
Fortunately, it is pointed out that ‘reasonable accommodation’ as a legal concept originated in the United States and was developed further in Canada. It was later extended in the US, to disability.
Elaborating on this theme, the book gets down to specifics, citing numerous cases in three countries, namely Belgium, the Netherlands and Britain (referring to the legal system of England and Wales, as opposed to the separate legal systems of Scotland and Northern Ireland).
As mentioned in her preface, the author discusses such matters as, to cite only a few examples, the wearing of headscarves, shaking hands (with members of the opposite sex), shoes and so forth in the workplace, specifically in Europe, although certain legislative developments in Canada and the United States are also mentioned.
As the author also points out, this is certainly a fast-growing area of law, but difficult to enforce and almost perilous to discuss as we come round once again to delicate matters of public policy and private opinion, the latter of which often holds that ‘headscarves’ for example, and other cranial coverings worn exclusively by women, are worrying outward symbols of an inner mindset which accepts male dominance and female subjugation. ‘Where’s the equality in that?’ they ask.
As for public policy -- policy makers in governments might have a read of this book bearing in mind that public policy-making decisions can influence the continuing development of the law, or be influenced or even subjugated by it.
Also – and rather interestingly -- note the on-off debate among certain scholars, some of them prominent Muslim scholars based at UK universities including Oxford, that ‘religious’ dress has little or nothing to do with religion; it is a cultural practice originating in the Middle East and for whatever reason, has not evolved anywhere else.
All that said, this is an impressive book and a distinguished work of scholarship. Copiously researched and carefully argued, it was conducted as part of an interdisciplinary EU-funded research project on secularism and religious diversity in Europe which culminated in the author’s doctoral thesis defended at the Catholic University of Leuven as part of RELIGARE, i.e. ‘Religious Diversity and Secular Models in Europe’.
Apparently, it’s the first full-length treatise to be published on this subject, which in the author’s words, deals with ‘religion and work as part of integration policies in Europe.’ It is all the more relevant, she adds, in the wake of the recent influx of millions of refugees from Muslim majority countries, who (we would add) quite obviously seek a better life in the relative safety and freedom of secular, democratic societies, all of which really do take religious tolerance very seriously indeed, as evidenced by the wealth of case law cited in this book.
With its table of (mainly) European cases and some interesting ones from Canada and the US, plus its extensive footnoting, this is a rich source of references for further research. Academics as well as comparative lawyers will doubtless be interested in this important and seminal work.
The publication date is cited as at 2017.
This book offers a comprehensive exploration of a traditionally neglected theme which is of great practical significance for the prosperous development of multi-religious societies. Alidadi presents an innovative combination of findings from different normative and empirical disciplines, particularly law and sociology, and offers critical contributions to central debates within legal theory, including on the meaning of State neutrality vis-a-vis religion, secularity, formal and substantive equality, diversity and multiculturalism ...a 'must' for everyone in the future dealing with issues of religious freedom, tolerance or discrimination in the workplace. -- Heiner Bielefeldt, Professor of Human Rights and Human Rights Policy at the University of Erlangen and Former UN Rapporteur on Freedom of Religion or Belief The workplace has become a site of tension for the relationship between religion and other claims of the liberal state, whether those be the rights of others or the economic imperatives of employers. Arguing for the introduction of the notion of 'reasonable accommodation' for the benefit of religious employees, she draws on a range of legal, theoretical and empirical sources to substantiate her claim that this is the best way for European countries to deal with the reality of religious pluralism. This work will become a significant reference point in this ongoing and important debate. -- Carolyn Evans, Harrison Moore Professor of Law, Melbourne Law School In this major work of scholarship, which adds substantial insights to the blossoming field of law and religion at a critical time, Katayoun Alidadi shows undeniable courage in unambiguously advancing the idea that only a radical openness to religious and ideological diversity will enable European societies to ensure a prosperous, sustainable and economically competitive future in an increasingly mobile and globalised world. -- From the foreword by Marie-Claire Foblets, Director of the Max Planck Institute for Social Anthropology, Halle, Germany ...a timely, expansive, and tremendously important book which offers a smart, sophisticated examination of divisive issues. Alidadi presents her thought-provoking argument in a balanced and compelling fashion.... The case for reasonable accommodation may very well provoke opposition in the current socio-political European context. But there can be no doubt that this rich study will have an impact on any future academic discussion on the accommodation of religious diversity in the workplace. -- Rik Torfs, Professor of Canon Law and University Chancellor Catholic University of Leuven, Belgium ...this is an impressive book and a distinguished work of scholarship... this is a rich source of references for further research. Academics as well as comparative lawyers will doubtless be interested in this important and seminal work. -- Elizabeth Taylor and Phillip Taylor MBE, Richmond Green Chambers Alidadi's work will rapidly emerge as the premier study of religion in the workplace. Drawing on extensive empirical and legal research, she provides a powerful analysis pointing to the crucial importance of reasonable accommodation as a vital solution not only in employment settings, but in the larger context of our increasingly diverse societies. -- W. Cole Durham, Jr., Founding Director, International Center for Law and Religion Studies, Brigham Young University Law School Katayoun Alidadi's monograph is a timely and important contribution to the debate on religious discrimination and accommodation of religious belief (and non-belief) in the workplace. -- Elisabeth Griffiths, Northumbria Law School * Journal of Religion in Europe * The greatest strength in the work is in the comparative approach which provides suggestions for English law. It shows how reasonable accommodation applies to different requests made by employees, and so applies practically to different workplace scenarios. This may prove to be useful for both practitioners and academics as reasonable accommodation continues to develop. -- James Gould, University of Exeter * Ecclesiastical Law Journal *