Friday, August 19, 2011

Britain's Equality Commission Will Study "Reasonable Accommodation," But Not In European Court Submission

Last month, Britain's Equality and Human Rights Commission announced that it had petitioned to intervene in four religious discrimination cases being appealed to the European Court of Human Rights, all involving attempts by employees to obtain accommodation of their Christian religious practices or beliefs. The Commission suggested that it would urge the court to adopt a principle of reasonable accommodation. (See prior posting.) Now, however, the Commission has announced that while it has been granted permission to intervene, it will not used these cases as the vehicle to deal with the concept of reasonable accommodation.  Instead, according to a document posted on the Commission's website (full text Word.doc), it is seeking public input on the content of its submission to the Court, and will examine separately, without the time pressure of the few week deadline for its filing with the ECHR, "whether the concept of reasonable accommodation has any useful practical application in cases concerning the manifestation of religion or belief." Yesterday's London Telegraph reports on these developments.