Accommodating Religion and Shifting Burdens

Authors: Peter Jones

Publish Date: 2014/07/24

Volume: 10, Issue: 3, Pages: 515-536

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Abstract

With some qualifications this article endorses Brian Leiter’s argument that religious accommodation should not shift burdens from believers to nonbelievers It argues that religious believers should take responsibility for their beliefs and for meeting the demands of their beliefs It then examines the implications of that argument for British law on indirect discrimination disparate impact as it relates to religion or belief burdenshifting from believers to employers and providers of goods and services should be deemed acceptable only insofar as the burden incurred by the employer or provider is ‘insignificant’ Legal exemptions should satisfy a similar test Why should there be religious accommodation at all even if it entails no significant burdenshifting The author agrees with Leiter in finding the most plausible answer in the claims of conscience rather than in general theories of equality or features special to religion Those claims can reasonably be made in respect of liberty of conscience but also when conscience is merely disadvantaged

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