LONDON Green Party Euro-MP Jean
Lambert has slammed a High Court ruling to uphold a loophole which allows 'faith-based
employers' to evade EU rules prohibiting discrimination against lesbian and gay
employees.
The court today rejected a challenge brought by the TUC against the Government's interpretation of EU's Employment and Work Directive, adopted in 2000 but only enacted into UK law last year.
The EU directive banned workplace discrimination unless the difference on which the different treatment was based was a 'genuine and determining occupational requirement'.
But the Government's interpretation of the directive - enacted in the 2003 Employment Equality (Sexual Orientation) Regulations - created a loophole allowing any religious organisation to discriminate against employing homosexuals in any role.
"The Government's regulations created an enormous loophole which is likely to enshrine homophobic recruitment practice in a whole sector of our society," said the London MEP, who is a member of both the Employment and Social Affairs and the Civil Liberties Committees at the European Parliament.
"As they stand any religious group will be allowed to refuse employment to homosexuals - whether the vacancy is for Bishop of Reading, secretary at a local parish office or even a caretaker at a Church of England school.
"Worse - the proposals put the onus on the employee to defend their sexual orientation in an employment tribunal rather than force the employer to defend their decision to discriminate against a particular employee."
She added: "Surely what really counts is your ability to do your job: what you do in your bedroom is not your employers business.
"Given that we have legislation which already covers inappropriate sexual behaviour at work, I don't see any need to further enshrine the right of employers - whoever they are - to discriminate against homosexuals."
ENDS
Notes
For background on the regulation and the NASUWT campaign to have the regulation amended visit:
http://www.teachersunion.org.uk/Templates/Internal.asp?NodeID=70237&Par
entNodeID=70235
For more information please contact Ben Duncan on 020 7407 6280, 07973 823358 or at press@greenmeps.org.uk