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Religion - Legislation
The main legislation that deals with discrimination on grounds of religion or belief is the Employment Equality (Religion or Belief) Regulations 2003, which came into force on 2 December 2003.
Religion or belief is defined as 'any religion, eligious belief, or similar philosophical belief'. Thus, 'any religion' means the law will cover fringe religions andmembership of cults. Also, 'religious' belief is likely to cover manifestations of a person's belief, i.e. the practice of his or her belief (unlike the sexual orientation provisions, which do not specifically cover 'behaviour' relating to a person's sexual orientation).
Section 3(1) of the Act states:
For the purposes of these Regulations, a person ("A") discriminates against another person ("B") if -
(a) on grounds of religion or belief, A treats B less favourably than he treats or would treat other persons; or
(b) A applies to B a provision, criterion or practice which he applies or would apply equally to persons not of the same religion or belief as B, but -
(i) which puts or would put persons of the same religion or belief as B at a particular disadvantage when compared with other persons,
(ii) which puts B at that disadvantage, and
(iii) which A cannot show to be a proportionate means of achieving a legitimate aim.
Section 3(2) of the Act states:
The reference in paragraph (1)(a) to religion or belief does not include A's religion or belief.
Section 3(3) of the Act states:
A comparison of B's case with that of another person under paragraph (1) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
Download a guide to the Act (565 KB)
