[QUOTE=Northern Piper]
What exactly do the regulations protect? Well, I cast about a bit on the web and found an interesting site operated by the Citizens Advice Bureau, which appears to give general advice on matters such as employment law. Clicking on their Employment Fact Sheet – Religion (warning – pdf), I found an interesting summary of the law respecting religious dress or ornaments:
Assuming this is an accurate statement of the effect of the regulations, it suggests that the attendant has a potential claim against British Airways. It certainly fits with the text of the Regs I quoted in the previous post. By allowing some employees to wear religious items, but not allowing her to wear a cross, the employer appears to be treating her less favourably than it treats other employes, based on her religion, contrary to s. 3(1)(a) of the Regs.
As well, the cases would appear to be the same, or not materially different, as required by s. 3(3) of the Regs. The employer is allowing some employees to wear religious items, but not the attendant in issue. It strikes me that the employer would have a hard time with the argument that it tried to accomodate her by offering her a different job. By allowing other employees to wear turbans, hijabs and bangles, all with religious significance, the employer has shown that it can in fact accommodate exceptions to its uniform policy, for religious grounds. Once it makes that concession, I find it hard to see how it can justify only making it for some employees who wish to wear items of religious significance, but not others.
Obviously, whether the lady is successful or not in her claim is yet to be decided. However, based on the wording of the Regs, I think she certainly has a possible case of religious discrimination, which is exactly what The Flying Dutchman was arguing.
[/QUOTE]
The woman was not put ‘at a specific disadvantage’ therefore your cite is obviously irrelevant.
Neither, as has been pointed out endlessly, is she being required to remove sacred items. The dress code is against displaying jewellery and she is perfectly entitled to wear the cross under her clothes.
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