Muslim women in the workplace and the Equality Act 2010: Opportunities for an intersectional analysis
| Published date | 01 September 2023 |
| DOI | http://doi.org/10.1177/13582291231176513 |
| Author | Catriona Cannon |
| Date | 01 September 2023 |
| Subject Matter | Articles |
Article
International Journal of
Discrimination and the Law
2023, Vol. 23(3) 185–215
© The Author(s) 2023
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DOI: 10.1177/13582291231176513
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Muslim women in the
workplace and the Equality Act
2010: Opportunities for an
intersectional analysis
Catriona Cannon
Abstract
The interplay of religion and gender is a relevant factor in the labour market disadvantage
experienced by Muslim women. Despite widespread recognition of the importance of
addressing disadvantage through an intersectional lens, the domestic equality law
framework in Britain continues to adopt fixed and discrete classifications of status in-
equality, undermining protection for Muslim women in the workplace. This paper uses
doctrinal and socio-legal method to expose the disregard in the application of British
equality law in its international human rights context to the interaction of religion with
gender and to present opportunities for development through case law of an inter-
sectional analysis of disadvantage. After highlighting the labour market disadvantage
experienced by Muslim women and making the case for an intersectional response, the
paper will assess the application of the British equality law framework in relevant cases
and will highlight its contribution to the emergence of a ‘conflict’narrative. This paper will
argue that there is, however, scope in human rights, proportionality and harm analyses to
highlight experiences of discrimination at the vector of religion and gender. It will
conclude that litigants who avail of these opportunities can contribute to development of
law and policy which better reflects lived experience.
Keywords
Equality, religion, gender, intersectionality, UK
School of Law, University of Glasgow, Glasgow, UK
Corresponding author:
Catriona Cannon, School of Law, University of Glasgow, Stair Building, Professors’Square, Glasgow G128QQ,
UK.
Email: Catriona.cannon@glasgow.ac.uk
Introduction
In the search for a rationale to explain the low participation and progression rates of
Muslim women in the labour market, it is imperative to consider evidence of disadvantage
which ensues from the interplay of their religion and gender. Despite the importance of
assessing and addressing disadvantage through an intersectional lens being firmly es-
tablished in feminist literature, the domestic equality law framework in Great Britain
continues to adopt an approach described as ‘atomised’,
1
the application of which un-
dermines legal protection for Muslim women in the workplace.
This paper uses doctrinal and socio-legal method to, firstly, expose the disregard in the
application of British equality law in its international human rights context to the in-
teraction of religion with gender and, secondly, to present opportunities in the common
law for the development of an intersectional analysis of disadvantage. Drawing on
secondary literature from the social sciences, this paper will begin by highlighting the
nature and causes of disadvantage experienced by Muslim women in the labour market.
After making the case for an intersectional response to address this disadvantage, the
paper will assess the impact of the ‘single-axis framework’
2
in British equalities law on
relevant cases and will highlight its role in contributing to the emergence of a ‘conflict’
narrative which regards religion and gender as clashing rights. Such a narrative, it will be
argued, detracts attention from understanding and tackling the workplace disadvantage
experienced by Muslim women on account of the interaction of their religion and gender.
The paper will next contend that in the absence of any present political will for
legislative change in this area, it is incumbent on litigants and their counsel to take
advantage of opportunities in the present legislative framework, hitherto under-utilised,
for raising intersectional considerations before the judiciary. Revisiting the case law
discussed earlier in the paper, it will investigate the scope provided by human rights,
proportionality and harm analyses in litigation to highlight experiences of discrimination
at the vector of religion and gender and will conclude that in these opportunities lie the
possibility of the beginnings of a new consciousness which can and should inform law and
policy development to better reflect the lived experiences of discrimination suffered by
Muslim women. Finally, this paper will offer practical guidance to litigants and their
representatives on strategies with the potential to advance both individual (litigant) in-
terests and wider social justice goals.
Muslim women: Nature and causes of disadvantage in the
labour market
There is limited data on the discrimination and disadvantage experienced by Muslims in
the UK (Women and Equalities Committee, 2016: 13-14)
3
but despite this, it is clear from
published data on employment and pay rates that Muslim women suffer significant
disadvantage in the labour market. It was reported (Women and Equalities Committee,
2016: 5-6) that the unemployment rate among Muslims in 2015 in Great Britain was
12.8%: more than double the unemployment rate at the time of the general population (at
5.4%).
4
Data from the annual population survey revealed that in 2018, 39% of those aged
186 International Journal of Discrimination and the Law 23(3)
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