An overview of legal procedure & case law
Religious discrimination includes distinctions made on the basis of expression of religious beliefs or membership in a religious group. This also includes discrimination against people who do not ascribe to a particular religious belief or are atheists.[1]
Courts have had difficulties defining the term ‘religion’ due to the absence of a universally satisfying definition of the term.[2] The following features were provided by the High Court as helpful but not determinative aids in deciding whether a particular collection of ideas and/or practices should objectively be characterised as ‘a religion’:
Although discrimination on the basis of religious beliefs is not permitted, there may be legitimate bases for imposing requirements in the workplace which restrict the worker’s freedom to practice a particular religion, such as:
[1] ‘Q&As on business, discrimination and equality’ International Labour Organization, 01 February 2012.
[3] ibid., 174.
[4] ‘Q&As on business, discrimination and equality’ International Labour Organization, 01 February 2012.