Watch Job Advertisements that Discriminate Against Employees

The current law allows employers that have an ethos based on religion or belief to discriminate against actual or potential employees on grounds of religion or belief. The law also allows religious employers to discriminate on grounds of sexual orientation. There are, of course, some positions in which it is legitimate to discriminate (a Cardinal needs to be a Roman Catholic), and the law allows for these under the rubric of a 'genuine occupational requirement' (GOR).

In job advertisements, if religious organisations wish to discriminate using the GOR, this must be made explicit in the job description.

Although jobs should be considered on an individual basis as to whether it is appropriate, proportionate and necessary to apply a GOR, there is increasing evidence that organisations are applying the requirement to their jobs wholesale. This was not the intention of the law which, in practice, lends itself to too wide an interpretation. Many organisations - even those working under contract with local authorities to provide statutory public services - will only hire, for example, practising, evangelical Christians.

For example, in Scotland, Crossreach (www.crossreach.org.uk) is one of the leading social care charities in Scotland. It employs more than 2000 staff and receives the vast majority of its funding from local authorities. Crossreach openly discriminates in its employment policies. A GOR is applied for most paid positions with the organisation, requiring applicants to have and show a 'Christian commitment' and be able to uphold Crossreach's Christian ethos. The positions with a GOR attached are as varied as jobs such as in care homes and as addiction workers.

It is the responsibility of the Equality and Human Rights Commission (www.equalityhumanrights.org.uk) to decide whether a discriminatory job advertisement is unlawful or not. We are building up a portfolio of job advertisements which use the GOR, and will pass any on to the EHRC that we consider might not be proportionate to the job advertised.

What can you do?
Watch for advertisements for posts restricted to religious persons, especially those which explicitly apply a Genuine Occupational Requirement to the post.

You might find such advertisements in your local paper, on social notice boards, hear about them on local radio, or find them on the Internet.

If you do come across such advertisements, please do not contact the organisation advertising jobs yourself, but let us know about them so we can add them to our growing portfolio. Please send any information you find to .

For more information about religious discrimination in employment, and the effect that this is having, keep an eye out for news on the BHA website www.humanism.org.uk and see our report, 'Quality and Equality: Human Rights, Public Services and Religious Organisations'.