Teaching and Learning > DOCUMENTS

Towards Equality and Diversity - Implementing the Employment and Race Directives

Julia Collar

Report

Introduction

In 2003 the government began to implement and enforce the European Community Employment and Race Directives under Article 13 of the EC Treaty. The consultation document details the initiatives and measures that were thought might be used to effect such changes.

The Directives require EU member states to introduce legislation to outlaw unfair discrimination on grounds of race, sexual orientation, religion or belief, disability and age in the fields of employment and training. The Race Directive also applies to areas such as education and goods and services. (page vi)

Structure and Schedule for implementation

The exact terms of the legislative changes and amendments will be decided upon in accordance with feedback generated by the circulation of the document. Interestingly, many of the suggestions are reliant upon agreeing terminology in order "to ensure coherence by using the same concepts and wording where practicable&[this] will remove some of the complexities facing individuals and businesses when allegations of multiple discrimination arise (for example, on grounds of race and religion.)" (page vi).

Briefly, the document discusses amendments in the following areas:

The document is intended to set parameters for minimum standards but ultimately aims to foster a continuing drive for best practice across all sectors of employment and education.

The Employment and Race Directives run on the following schedule:

Relevance to Religious Studies - Scope of the Directive

The scope of the Directive extends to what is described as 'vocational guidance and training'.

"vocational training" has a wide meaning. It covers not only in-house training provided by an employer, but also courses or studies which provide training for jobs or professions - including most university degrees and many other further and higher education courses (for example, teacher training courses) (page 8)

This is intended to cover not only recruitment and the selection of candidates but extends to the educational environment itself.

The PRS Subject Centre is already working to inform its membership of the implications that new disability legislation may have on learning and teaching. Thus far it has been assumed that the need to review departmental policy where discrimination on grounds of religion is concerned is unnecessary in light of the subjects being taught. Legislation preventing religious discrimination has not previously existed and is all the more pressing in light of the events of 9/11, but while it is anticipated that students studying religion will do so in an open and objective manner, prior religious or cultural convictions can colour the learning process. It must also be borne in mind that the behaviour and attitudes of students whilst in the learning environment can be vastly different from those displayed in situations beyond the lecture hall; the objectivity and sensitivity that the lecturer sees might not necessarily be present in the same student when s/he is in the pub, in halls of residence or on the sports field.

Religious Studies aims to teach students not only about their chosen subject but to instill them with an awareness of the ethics of research and debate in a multicultural and multifaith environment. Such skills are intended to be taken by students into their professional lives beyond university where equal opportunities legislation will have an even more direct effect upon them and, by virtue of having studied religion or theology, such students ought to have a degree of sensitivity and insight that many employers and colleagues do not; with the increasing pressure on university courses to instill vocationally useful skills and aptitudes upon students this is certainly an aspect that ought to lead Religious Studies students into careers that build to some extent on their degree.

Sexual orientation

In the same way that there has not previously been clear and specific legislation protecting individuals from discrimination on grounds of religion, there has not previously been any formal protection provided for lesbian, gay, or bisexual (LGB) people. Such cases as have previously been fought using sexual harassment law have been largely unsuccessful due to the dependence such a tactic has on the court officially recognizing LGB sexualities in the first place. The new Directives make it explicit that LGB sexualities are valid lifestyle choices and should be recognized as such under law. In contrast to the lack of definition found when dealing with religion, the consultation document suggests that the legislation concerning sexual orientation should be as full as possible and states that heterosexual, homosexual, lesbian or bisexual orientations are covered and protected by the Directive.

There are difficulties in recruiting LGB students into Higher Education and this is mainly reliant upon the experience of 'coming out' and the educational environment from which the student has come. Statistics show that homophobic bullying is very much present in schools and colleges and having to receive education under such personal duress is hardly likely to increase a LGB student's ambition to go to university. Universities however, do have a reputation for being more tolerant but it would certainly not hamper recruitment initiatives if a very clear and full statement of equal opportunities were present on all prospectuses or information sent to applicants.

Not all LGB students will 'struggle', or have struggled, with their identities, or will have come from backgrounds where they have been victimized, but it is important for courses and lecturers to allow for this possibility; empowering students and increasing self confidence and esteem are particularly important in this case. In the same way that students with a particular religious or social background will view issues and information through the lens of their experience, the same is true of LGB students. However, while a majority of students through their studies will attempt to examine and interrogate their attitudes and opinions, it may be that LGB students hold themselves up for examination in much more personal and intimate terms, something that lecturers should be prepared for particularly in discursive activities. For Religious Studies this would require particular attention as religious responses to LGB issues and perspectives can be very sensitive. For many, an LGB identity is precarious whether at school, university, or at work and is further complicated by both the individual's religious beliefs, and the beliefs of those around them.

The Directive provides a framework of protection through which LGB students can safely engage with their studies and be as open about their sexuality as they want, however the Directive does require internal support; while it will eventually become law it will need to be a visible structure within Higher Education, from departmental level down to course handbooks, as much of the discrimination that occurs on grounds of sexuality is suffered in silence and consequently goes unnoticed.

Profiting from diversity

It is believed that the benefits for individuals of implementing the Directives where religion and belief are concerned will have an impact on the economy of between £32 and £113 million, and for sexual orientation between £13 and £38 million.

As well as the financial benefits it is expected that access to education and training will drastically improve not only through the creation of opportunity but through ethnic, religious or social minorities developing confidence that their particular needs and concerns will be met and that when or where instances of discrimination occur that they will dealt with in an effective, protective and timely manner.

The Directives as a tool for reflexive debate in Religious Studies: Two topics for discussion

1. Prejudice under law?

The Directives provide an interesting stimulus for courses dealing with religion and society, ethics or politics. This is especially true of the clause outlining "a special exemption designed to allow churches and other religious or belief organizations to preserve their ethos" (page 40). There has recently been some debate in the media, particularly the Gay press, arising from this, which speculates whether this will, in effect, legally permit religions to ostracize and exclude certain areas of society by claiming that 'their ethos' will be damaged if they embrace a full commitment to equal opportunities; what is preserving ethos, and what is outright prejudice supported and protected by law?

For some examples of this debate visit:

2. Defining religion and belief

The semantics of the Directives cross familiar Religious Studies territory - what is meant by, and/or counts as religion or belief? The document phrases the problem thus:

Some points for consideration: Is such an approach valid? What is meant by 'profound philosophical convictions which deserve society's respect'? What are the implications of not defining what is meant by religion?

Conclusion

The implementation of this legislation marks a shift in political consciousness particularly in terms of the recognition of religion and sexual orientation under law, which have previously been invisible in, or even absent from, the equalities arena.

For Higher Education this means re-writing policies and increasing staff and student awareness of the diverse needs of a diverse society, both locally and nationally. For the Religious Studies community it provides an opportunity to demonstrate how Religious Studies can engage with current national politics when seeking examples of contemporary religious debates, something that is occasionally overlooked for the sake of using larger examples from the international stage.

The Directives are also a timely reminder that Religious Studies should seek to ensure that the students it serves are equipped through their degrees, and inspired to use what they have learned, to contribute to their eventual careers. In a climate of increasing pressure for Religious Studies in Higher Education to justify its existence and relevance to society, this is perhaps a useful way of showing the kinds of subtle 'vocational' skills Religious Studies supplies.

Continuing consultation

The consultation process on this document ended in March 2002. It is expected that the next round of consultation will commence shortly with a report outlining the responses to the surveys included with the document.

For further information and updates see:

http://www.dti.gov.uk/er/equality

To order copies of the consultation document:

Contact Prolog for the following:

Full document (English)Ref: URN01/1466

Full document (Welsh) Ref: URN01/1469

Braille Ref: URN01/1468

Tel: 0845 6022260

Fax: 0845 6033360

Email: dfes@prolog.uk.com

Contact DTI for the following:

Large print Ref: URN01/1470

Full document on floppy disk Ref: URN01/1474

Tel: 0800 0288078

Fax: 020 72150168

Email: simon.conroy@dti.gsi.gov.uk

This page was originally on the website of The Subject Centre for Philosophical and Religious Studies. It was transfered here following the closure of the Subject Centre at the end of 2011.

-
The British Association for the Study of Religions
The Religious Studies Project