Religion and discrimination: extending the 'disaggregative approach'

Cecile Laborde's disaggregation strategy, which is convincingly applied to religion, liberal neutrality, and freedom of association, should be extended to discrimination, in order to more systematically determine whether, when, and why indirect religious discrimination is unfair. Moreover, while Laborde's distinction between the 'Disproportionate Burden scenario' and the 'Majority Bias scenario' is a powerful alternative to the discrimination-focused account of the justifiability of religious exemptions, the epistemic status of that distinction is not immediately clear. A case can be made that Disproportionate Burden and Majority Bias do not map onto different types of minority exemption claims. They are perspectives or analytical frames that may jointly and usefully be applied to most instances of such claims.