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Two ideas feature prominently in contemporary accounts of the just society. One is the idea of toleration and the related idea of religious freedom. A second is the idea of equal opportunity and, derived from this, the idea that the state should protect its members from discrimination in relation to jobs and other important goods such as education. This chapter explores an apparent tension between these two commitments. In order to advance their goals, religious associations sometimes want to discriminate in employment decisions on grounds that are typically prohibited under antidiscrimination laws. They may wish to discriminate in favour of those with their own religious views or those with certain life styles, or on grounds of gender, sexual orientation, or even race. How should the state respond to this apparent conflict between religious toleration and equal opportunity? To what extent should the state permit religious associations to discriminate in employment? Recent policy developments, such as the British government’s promotion of faith-based schooling and the European Union’s recent framework directive on equal opportunity in employment, have increased the urgency of this question. In this chapter, I explore the question in three stages. Firstly, I outline the key ‘civil interests’ that I take to be at stake in thinking about the issue of employment discrimination. I explain why a concern for these civil interests might plausibly be thought to support a general prohibition of religiously-motivated employment discrimination and, at the same time, some kind of exemption from anti-discrimination law for religious associations. This sets the scene for the rest of my discussion, in which I explore whether it is possible to craft an exemption that protects what is likely to be of most importance to the religious believer but at the same time secures the other civil interests at stake. I argue that the freedom of religious associations to discriminate in employment should be limited by two principles. The first principle, explored in the second section of the chapter, is that the MCK10 1/10/2003 10:34 AM Page 179

Toleration of religious discrimination in employment