What is a religious accommodation?

Provincial human rights laws, such as the Ontario Human Rights Code, protect individuals from discrimination across several areas, such as when giving or receiving services, seeking housing or employment, and membership in vocational associations and trade unions. Within these areas, laws protect individuals from discrimination on certain prohibited grounds, one of which is religion. As education is considered a “service”, laws protect individuals from religious discrimination within educational institutions, such as schools, universities and colleges. These laws may be applied to both staff employed at these institutions, and students enrolled at these institutions.

What is a religious exemption?

Religious exemptions are a type of accommodation. Where participating in an institution’s policy or practice would adversely affect an individual’s ability to practice their religious beliefs, the institution may exempt the individual from participating. Again, these exemptions may be applied to both staff and students in educational institutions.

Areas of Accommodation

Dress Codes

Where a school imposes a dress code on their students or staff that prevents an individual from wearing clothing required by their religion, the school has a duty to accommodate the individual’s religious clothing. This may be the case, for example, where a dress code prohibits individuals from wearing a head covering, thereby potentially interfering with a Muslim student’s right to wear a headscarf to observe her religion.

Vaccines

The Immunization of School Pupils Act in Ontario mandates that students attending primary or secondary school be vaccinated from certain designated diseases. A student’s parent may apply to be exempt from this requirement if immunizing their child conflicts with a parent’s conscience or religious beliefs.

Religious Holidays and Prayer Times

Members of certain religious groups may take time away from school to observe religious holidays and / or to observe periods of prayer at designated times throughout the school day. When this is the case, schools have a duty to accommodate their absences at these times. Should a student be absent to observe a religious holiday on a day they are scheduled to write a test or exam, accommodation includes rescheduling these evaluations.

Special Interest Organizations

In certain circumstances, a religious organization may be permitted to restrict membership within their organization to those who share the organization’s religious beliefs. This would permit, for example, a Catholic school to restrict enrollment to Catholic students. To qualify for this religious exemption, an organization must be a religious, philanthropic, educational, fraternal, or social institution or organization that is primarily engaged in serving the interests of persons identified by their religion.

Employment Procedures

Similarly, in certain circumstances a religious organization may be permitted to give preference to hiring employees that share the organization’s religious beliefs, so long as doing so serves the interests of the organization’s members. This exemption permits, for example, a Jewish school to give preference to hiring Jewish teachers.

To qualify for this religious exemption, it must be a religious, philanthropic, educational, fraternal, or social institution or organization that is primarily engaged in serving the interests of persons identified by their religion. Further, the organization must have imposed the religious qualification honestly, in good faith, with the genuine belief that the qualification is necessary. The religious qualification must also be reasonably necessary for the organization to achieve its intended purpose.

More information

For more information about human rights and discrimination, visit Human Rights Law. View other topics or visit our Links for a list of resources for more information on Education & School Law.

								
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