Accommodation of Religious Practices

Maciej Mark KarpinskiSr. Research Analyst

RDIMS 1184141

Structure of Presentation

• Objective• Methodology• Data• Results• Further research • Next Steps

Objective

• Three objectives:– to survey the type of accommodations of religious practices

being granted in employment and in the provision of services,

– to document the challenges arising from such requests, and – to illustrate how some of these challenges are being dealt

with.

Methodology

• Methodological Approach:– Grounded theory method (Martin & Turner, 1986)– a systematic methodology in the social sciences involving

the discovery of theory through the analysis of data. Rather than beginning with a hypothesis, the first step is data collection, through a variety of methods. From the data collected, the key points are marked with a series of codes, which are extracted from the text. The codes are grouped into similar concepts in order to make them more workable. From these concepts, categories are formed, which are the basis for the creation of a theory, or a reverse engineered hypothesis.

Methodology

• Data Sources:– Field notes, jurisprudence, CHRC complaints, Bouchard-

Taylor Report• Coverage:

– Data covers period from 1981 to 2010• Geographic distribution:

– Canada– National coverage (provincial, federal, territorial jurisdictions)

Methodology

• Variables Coded:– Demographic data: employment/services, sector, religious

affiliation – Accommodation type: arrangement granted to facilitate

religious practice within the organization – Request type: the type of religious practice seeking

accommodation– Outcome: the challenge arising from granting the

accommodation and the way it was dealt with (if applicable)

Number of Accommodations in Employment & Services

Employment Services Accommodations0

10

20

30

40

50

60

70

80

90

10093

60

1

Number of Accommodations by Sector

Shipping

Energy

Associations

Other

Accommodations

Resources

Food Retail

Agriculture

Technology

Manufacturing

Communications

Sports & Entertainment

Goods & Services

Health

Transportation

Banking

Education

Public Sector

0 5 10 15 20 25 30

1

1

2

2

2

3

3

3

4

4

4

5

8

12

13

17

18

26

Number of Accommodations by Religious Affiliation

Buddhism

Aboriginal Spirituality

Hindu

Judaism

Sikh

Christianity

Islam

0 10 20 30 40 50 60

1

2

5

14

15

38

53

Five types of requests

• Requests to:– facilitate prayer– facilitate observance– modify appearance standards– facilitate dietary obligations– restrict gender interaction

Requests to facilitate prayer

• Type of accommodation:

– Facilities• Provision of dedicated prayer space• Provision of temporary space for religious activities• Facilitation of ablution practices

– Access• Scheduling and leave

Requests to facilitate prayer: Challenges

Accommodation Type Challenges

Facilities Dedicated and Temporary prayer space

- Control

- Accessibility

Ablutions - Control

- Maintenance

Scheduling & Leave

Access - Individual performance

- Organizational performance

- Preference vs need

Requests to facilitate observance

• Type of accommodation:– Scheduling/Leave– Task restructuring

Requests to facilitate observance: Challenges

Accommodation Type Challenges

Scheduling/Leave - Individual performance

- Organization performance

- Time availability

- Staff availability

- Policy and/or Practice

Task restructuring - Position availability

- Task suitability

- Fairness

- Performance

Requests to modify appearance standards

• Type of accommodation:– Dress code modifications– Task restructuring

Requests to modify appearance standards: Challenges

Accommodation Type Challenges

Dress code modifications - Safety

- Conformity

Task restructuring - Position availability

Requests to facilitate dietary obligations

• Type of accommodation:– Provision of space where religiously-compliant food is made

available– Provision of food options

Requests to facilitate dietary obligations: Challenges

Accommodation Type Challenges

Facilities - Availability

Provision of food options - Supervision

- Individual performance

- Awareness

Requests to restrict gender interaction

• Type of accommodation:– Facilities– Adapting services– Avoiding physical contact

Requests to restrict gender interaction: Challenges

Accommodation Type Challenges

Facilities Gender equality / Inclusion

Adapting services Staff availability

Avoiding physical contact Gender equality / Inclusion

Analysis

Further Research

• Perceived/actual hierarchy of rights (gender equality)• Preference vs Need• Sincerely held belief• Negotiating compromise

Next Steps

• Research on value-based disputes– Competing rights– Negotiating value-based disputes