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Brabners give advice on descrimination laws
28/07/2007

Today`s decision highlights the conflict between religious organisations and equality laws.
Imposing anti-discrimination laws which contradict the beliefs of a religion is a contentious process, according to experts.
Jonathan I`Anson, a partner at leading law firm Brabners Chaffe Street LLP, who run discriminationonline.com, said the ruling re-iterated that employers must be aware that recruiting on the basis of sexuality is unlawful.
He said: `The Employment Equality (Sexual Orientation) Regulations 2003 made discrimination in the workplace on the basis of sexuality unlawful. This protection is also afforded to candidates at the recruitment stage. Employers must not select or discard candidates on the grounds of their sexuality or perceived sexuality.
`The situation where the employment is for the purposes of an organised religion remains more complex. In certain circumstances it may be possible for recruitment to be linked to sexuality, to take into account the doctrines of a religion. However, such circumstances are likely to be highly limited.
`This is obviously a fairly contentious issue as a particular sexual orientation may be at odds with the beliefs of some religions and religious organisations.î
The case is the latest to highlight the conflict between religious organisations and equality laws.
In January, a row erupted between the Catholic church and the government over anti-discrimination laws.
The Archbishop of Westminster, Cardinal Cormac Murphy-O'Connor, threatened to close Catholic adoption agencies unless they could opt out of the laws, which prevented them from refusing to place children with gay couples.


For further information contact Jonathan I'Anson at Brabners Chaffe Street on 0151 600 3159

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