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ADMIN-EO  August 2011

ADMIN-EO August 2011

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Subject:

Re: EHRC Seeking views on Reasonable Accommodation

From:

"Ratchford, Dave" <[log in to unmask]>

Reply-To:

HE Administrators equal opportunities list <[log in to unmask]>

Date:

Fri, 19 Aug 2011 14:56:16 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (206 lines)

Thank you Anne/ Moira.

Dave

Dave Ratchford
Equality & Diversity Manager
Nottingham Trent University
005 Dryden Centre
Dryden Street Nottingham NG1 4FZ
Tel: 0115 848 2904 Fax: 0115 848 6551
[log in to unmask]
http://www.ntu.ac.uk/equality

Please note that this communication is in confidence from the Equality and Diversity Team. If it has reached you in error, please delete immediately and notify the Team on the above number given by the Sender.


-----Original Message-----
From: HE Administrators equal opportunities list [mailto:[log in to unmask]] On Behalf Of Anne Mwangi
Sent: 19 August 2011 15:52
To: [log in to unmask]
Subject: Re: EHRC Seeking views on Reasonable Accommodation

Points well made David and you are not the only one concerned.

Regards

Anne

-----Original Message-----
From: HE Administrators equal opportunities list [mailto:[log in to unmask]] On Behalf Of Ratchford, Dave
Sent: Friday, August 19, 2011 2:30 PM
To: [log in to unmask]
Subject: Re: EHRC Seeking views on Reasonable Accommodation

Colleagues,

Thank you for this.  Having read it all now, I would just like to draw a distinction between the two sets of cases.  Whilst I firmly believe Ladele and McFarlane should not be defended and that reasonable accommodation should not mean that they would be allowed to 'opt out', I am also very, very concerned indeed about the implications of Eweida and Chaplin.

The current climate (although for various reasons one could apply the same analysis at intermittent points throughout UK history to different
groups) means that any religious group might be targeted for prejudice and exclusion at any given point.  Therefore the precedent set in Eweida and Chaplin could be that any religious expression that is not in vogue at the time could be subject to exclusion.  When will bindi or yarmulkes or turbans be 'justifiably' excluded not to cause offence?  What happens after the next terrorist outrage blamed on someone's faith?

There are powerful compelling lessons in social psychological theory that groups should never be repressed or their expression suppressed.  I have not laboured the point about Ladele and McFarlane as everyone here seems clearly switched on to the dangers that they present.  I'm just worried that the points about Eweida and Chaplin might be lost.


Regards,

Dave


Dave Ratchford
Equality & Diversity Manager
Nottingham Trent University
005 Dryden Centre
Dryden Street Nottingham NG1 4FZ
Tel: 0115 848 2904 Fax: 0115 848 6551
[log in to unmask]
http://www.ntu.ac.uk/equality

Please note that this communication is in confidence from the Equality and Diversity Team. If it has reached you in error, please delete immediately and notify the Team on the above number given by the Sender.


-----Original Message-----
From: HE Administrators equal opportunities list [mailto:[log in to unmask]] On Behalf Of Moira Mitchell
Sent: 18 August 2011 14:25
To: [log in to unmask]
Subject: Re: EHRC Seeking views on Reasonable Accommodation

Hi Jill and John,

Thanks for your responses. It would have been helpful if the EHRC had been more explicit in their consultation text as to the implications of their intervention.
However I'm glad to know I was thinking along the right lines and I will respond accordingly.

Best wishes,

Moira

Moira Mitchell
Equality and Diversity Manager, Canterbury Christ Church University
tel: 01227 782795




-----Original Message-----
From: John McLellan [mailto:[log in to unmask]]
Sent: 18 August 2011 12:30
To: [log in to unmask]
Subject: Re: EHRC Seeking views on Reasonable Accommodation

There was a fair amount of email exchange on this topic a month or so ago, on this forum.

Stonewall take the view that EHRC proposals do indeed mean what Moira suggests.  This is of great concern to any LGB people I have met, and who know about it, as it does appear to be proposing giving the right to people providing a public service to pick and choose who they will serve.  LGB people I know in Universities and elsewhere all say there can be no 'accommodation' for discrimination like this.

Take a look at : www.stonewall.org.uk/media/current_releases/5751.asp

Regards

JOHN McLELLAN
E&D Adviser - NHS and HE sector
07850 690038


-----Original Message-----
From: HE Administrators equal opportunities list [mailto:[log in to unmask]] On Behalf Of Moira Mitchell
Sent: 18 August 2011 11:48
To: [log in to unmask]
Subject: Re: EHRC Seeking views on Reasonable Accommodation

Dear All,

Thanks for sharing this Darren - I for one wouldn't have know about the consultation otherwise.

I am considering how to respond but in their text the EHRC say very little about what they are proposing. I am particularly interested in the Ladele and McFarlane cases. Could anyone who has read this confirm whether the assumption is that a potential "reasonable accommodation" in these cases would have been to allow these individuals to refuse to serve LGBT people?
This is what seems to be implied but maybe I have missed something?

Best wishes,

Moira

Moira Mitchell
Equality and Diversity Manager, Canterbury Christ Church University
tel: 01227 782795





-----Original Message-----
From: Mooney, Darren [mailto:[log in to unmask]]
Sent: 15 August 2011 15:31
To: [log in to unmask]
Subject: EHRC Seeking views on Reasonable Accommodation

Dear All, this has come into my inbox and following out discussions last month thought I would forward this on:



..........................



Dear colleague

Last month the Commission announced that we had applied to intervene at the European Court of Human Rights in four legal cases involving discrimination and religion or belief. We have now been granted permission to do so.

We are considering using the four cases already before this Court as a platform to advise on and clarify the interpretation of human rights laws.
We are seeking your views on our proposed submission on the human rights elements of the four cases claiming religious discrimination, and separately, whether the concept of reasonable accommodation has any useful practical application in cases concerning the manifestation of religion or belief.

We have produced an informal consultation document which sets out the general direction of the commission's intervention and asks some specific questions. If you would like to respond, please do so by Monday 5th September. This is a short deadline but, as we expected, the Court has only given us a few weeks in which to prepare our submissions.

For more information, please download the consultation document from our website via the link below."

http://www.equalityhumanrights.com/legal-and-policy/human-rights-legal-p
owers/legal-intervention-on-religion-or-belief-rights-seeking-your-views
/




Darren Mooney BSc, MA

Diversity & Equality Officer

Human Resources

Hart Building
<http://www.disabledgo.com/en/access-guide/hart-building/university-of-l
iverpool-1>

University of Liverpool

Liverpool

L3 5TQ



T: 0151 795 5975

E: [log in to unmask]

W: http://www.liv.ac.uk/hr/diversity_equality/
<http://www.liv.ac.uk/hr/diversity_equality/>



BAME Staff Network <https://www.liv.ac.uk/intranet/bme/index.htm> :
[log in to unmask] <mailto:[log in to unmask]>

Disabled Staff Network <https://www.liv.ac.uk/intranet/dsn/> :
[log in to unmask] <mailto:[log in to unmask]>

LGBT Staff Network <https://www.liv.ac.uk/intranet/lgbt/index.htm> :
[log in to unmask] <mailto:[log in to unmask]>



logos <http://www.liv.ac.uk/hr/diversity_equality/index.htm>




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