A teacher discriminated against because she is not a Catholic won
maximum damages at the Equality Tribunal recently.
The case raises
important issues about the continuing influence of the Catholic church
in teacher training
IN A recent case before the Equality Tribunal,
a Catholic school was found to have discriminated against a teacher on
the grounds of religion.
The school withdrew the offer of a permanent
post after it discovered that the teacher was a member of the Church of
Ireland.
Michelle McKeever was asked about her religion after she failed
to furnish a Catholic religious certificate to the board of management
at a Co Cavan school.
The cases raises fresh questions about the
compulsory requirement of the religion certificate, the teaching of this
certificate in mainstream teacher colleges and the continued existence
of legislation which allows schools to discriminate on the basis of
religious ethos.
The certificate in religious studies is a
compulsory requirement of the Irish Catholic Bishops’ Conference for
teachers working in Catholic-managed primary schools. These comprise
more than 90 per cent of schools in the Irish system.
The vast
majority of students take the optional certificate in religious
studies,the president of St Patrick’s College, Drumcondra, Dr Pauric
Travers says. The college welcomes students for the certificate both of
“deep religious faith and none”, he explains.
“Our position as a
teacher education provider funded by the State is that we meet the needs
of an evolving society in an open way, being inclusive and respectful
of diversity.”
The college made a change to its religious
education offerings at the beginning of the academic year in response to
public debate, Travers says.
The change was not to the optional
Catholic religion certificate but to the religious education course.
Religious education is part of the national primary school curriculum
and forms a compulsory part of the education degree.
However this
year the college is offering a course in ethics to students as an
alternative. “That is us responding to a perceived need,” he says.
Daniel
O’Connell, head of religious studies in Mary Immaculate College,
Limerick, says that most students choose to take the certificate but he
explains that some students feel pressure to take it for future
employment prospects.
He does not see an issue with the certificate being part of a State-funded degree course.
Ireland
is at an “in-between stage” of having an over-representation of
Catholic primary schools and there is an expectation that teachers know
something of the tradition, values and ethos, he says.
This could change “if provision went down hugely” and it would be an issue over the next 20 years, he says.
The optional certificate in religious studies is academic and not a “confessional indoctrination,” he says.
Archbishop
of Dublin Diarmuid Martin alluded to such change in patronage last
month at the graduation ceremony of teachers in St Patrick’s College
when he said that education would be different in the future as “new
patronage systems will replace the almost monopoly of religious
schools”.
Asked about the continued need for the certificate, the
Irish Catholic Bishops Conference spokesman says that under the primary
school curriculum the school is responsible for providing religious
education that matches its ethos.
“Accordingly a primary teacher must be
qualified to teach religious education according to the ethos of the
school,” the statement outlined.
The Irish National Teacher’s
Organisation (INTO) has “no difficulty” with teachers being asked for
the certificate, as long as it is open and transparent, says equality
officer Deirdre O’Connor.
While the certificate is formally required, anecdotally, many schools do not look for it, she says.
The
Church of Ireland College of Education has a compulsory religious
education element in its curriculum to prepare teachers for “reformed
faith” primary schools.
There is no religious certificate required
but there is “probably some preference” in seeing someone that has a
familiarity with the Church of Ireland religious syllabus says Anne
Lodge, principal of the Church of Ireland College of Education.
However
there is not a blanket refusal to employ people who do not have this.
“We’ve moved on from there,” she says.
Lodge is “surprised” by the
McKeever case as she is aware of many teachers of various faiths
working in different denominational schools.
“There are no issues around
this and it doesn’t seem to be a reason for blocking employment in the
normal course of events.” she says.
While McKeever won her case as
she was directly discriminated against because of her membership of the
Church of Ireland, an exception still applies allowing schools to
discriminate if it believes its religious ethos is under threat.
Significantly this section, 37.1, of the Employment Equality Act, was
not used as a defence in the McKeever case.
Many gay and lesbian
(LGBT) teachers feel this could be used against them if they are open
about their sexuality.
The Equality Authority has pointed out that this
tension is set to be magnified by the introduction of the civil
partnership bill next year.
Many gay teachers in religious schools
feel it is “being held over them”, says Cathal O’Riada, chairperson of
the INTO LGBT teacher’s group.
“It’s not being invoked but it’s still
there and it’s a threat all of the time,” O’Riada says.
“These teachers
are nervous that their orientation will affect their promotion
prospects,” and they tend to hide their sexuality at interviews, he
adds.
There is much anecdotal evidence from religious schools that
people are told to “keep quiet” about their sexuality, he says. “That’s
kind of crazy in this day and age.”
A call for a change of the
religious ethos exemption was made by the Equality Authority at its 20th
anniversary conference in October.
At the conference, spokesman Brian
Merriman described as an “area of potential friction” the enactment of
the civil partnership legislation and the existence of the exemption.
“Employees
of religious-based institutions, on finally being granted legal
recognition for their family life may have conflict in applying for
leave traditionally associated with partnership or marriage or family
leave,” he says.
People may be “outed” by lawful declarations of
beneficiaries in insurance schemes or pensions “despite a legal status
for such relationships”.
“It may be timely to review this
exemption,” Mr Merriman says.
In response to a query on the application
of the exemption in the case of gay teachers, a spokesman for the
Catholic Bishops says: “The law allows for a school to be mindful of its
ethos in the employment of its staff. It is part of the responsibility
of the board of management of the school to maintain the ethos of the
school. Employees should not undermine the ethos of the school.”
The religious exemption – and religious cert
THE
EXEMPTION to the Employment Equality Act 1998 allows a school to
discriminate against an employee or prospective employee to maintain its
religious ethos.
Former Minister for Justice John O’Donoghue
applied to the European Union for an exemption to the European Equality
Directive in 2000.
At the time he said the exemption would
preserve the right of denominational schools to uphold their religious
ethos when recruiting staff.
Concerns were voiced at the time that
it would enshrine in legislation the decision in the late Eileen Flynn
case in 1985 in which the dismissal of a teacher from a Catholic school
because of her relationship with a married man was upheld by the High
Court.
The text of exemption 37.1 reads:
A
religious, educational or medical institution which is under the
direction or control of a body established for religious purposes or
whose objectives include the provision of services in an environment
which promotes certain religious values shall not be taken to
discriminate against a person if:
(a) it gives more favourable
treatment, on the religion ground, to an employee or a prospective
employee over that person where it is reasonable to do so in order to
maintain the religious ethos of the institution, or
(b) it takes
action which is reasonably necessary to prevent an employee or a
prospective employee from undermining the religious ethos of the
institution.
What is the Catholic certificate?
The
certificate in religious studies is a requirement of the Irish Catholic
Bishops Conference for teachers in Catholic managed primary schools.
The
certificate is taught as an optional part of the Bachelor of Education
degree at four of the teacher training colleges which have Catholic
links. It can also be taken separately by teachers who took degrees
abroad or in colleges where it is not offered.
It is usually
taught over three years and covers subjects such as Christian
foundations, the creed and trinity, theology, religious diversity,
liturgy and spirituality. The certificate is also required for teachers
in Catholic-managed primary schools in the UK.
Separately, religious
studies is a compulsory part of Bachelor of Education degrees.
In
Catholic teacher-training colleges this focuses on the Alive-O Catholic
primary school curriculum.
The background to the case
MICHELLE
McKEEVER was awarded more than €12,000 by the Equality Tribunal after
it found that a Co Cavan school had discriminated against her on the
grounds of religion when she applied for a permanent post.
Ms McKeever, who is a member of the Church of Ireland, applied for a job in Knocktemple national school, Virginia, in May 2007.
Subsequently,
she was contacted by the principal and the chairperson and offered a
permanent post.
However the offer was withdrawn after she was questioned
in a telephone call about holding the Catholic religion certificate.
McKeever
had said she was willing and able to teach the Catholic Alive-O
religious curriculum.
The equality officer in the case concluded that a
school board meeting in July 2007 was advised by the chairperson that
the complainant did not have the religious certificate.
The
officer concluded that not only was the complainant’s religion
discussed, but it influenced the board of management in withdrawing the
offer that had been made.
This amounted to discrimination on the grounds
of religion.
McKeever has since secured a permanent post in another school.
SIC: IT/IE