It is unlawful under the Equal Opportunity Act 1984 to discriminate against a person because of their religious conviction.
Direct religious conviction discrimination occurs when a person is treated less favourably because of their religious conviction (or lack of) compared to another person with religious conviction (or lack of), in the same or similar circumstances.
Indirect religious discrimination is when a requirement, condition or practice that is the same for everyone has an unfair effect on someone of a particular religious conviction (or lack of) and is unreasonable in the circumstances.
Where does the protection apply?
Under the Act it is unlawful to discriminate against a person because of their religious conviction in certain areas of public life, including:
- Work including employment
- Education
- Provision of goods, services and facilities
- Accommodation
- Clubs
- Application forms
Exceptions
There are some instances where it is not unlawful to discriminate against a person because of their religious conviction, and these exceptions include:
- Domestic workers in private households
- Employers with less than six employees
- Accommodation provided by a religious body
- Accommodation in private households of less than five people
- Partnerships of less than six people
- Orders of a court or the State Administrative Tribunal
- The provision of charitable benefits
- Voluntary bodies – admissions and benefits
- Establishments providing accommodation for aged people
- The ordination of priests or ministers of religion
- Employment, education or training by a religious educational authority that discriminates in good faith in order to adhere to its religious teachings
- Employment in a hospital or where a health related service is provided, where the employer is a religious body and duties relate to any religious observance or practice
- When offering employment to a person within the meaning of the Electoral Act 1907, or as a ministerial adviser or officer, employee or worker for a political party, member of the electoral staff of another person or in other similar employment or work (political conviction only).
If an individual or organisation relies upon an exception under the Act when a complaint is made against them, they must justify the use of that exception to the Commissioner for Equal Opportunity
Responsibilities
Organisations must ensure they provide a working environment and services that are free from religious conviction discrimination and they must take all reasonable steps to prevent it from happening or they may be held responsible for their employees’ actions.
A person causing, instructing, inducing, helping or permitting another person to do something unlawful is the same as doing it, for the purpose of the Act.
Examples of religious conviction discrimination
A Jewish prisoner complained that kosher food was not available to him at every meal time.
A public transport worker who was a Seventh Day Adventist complained he was indirectly discriminated against when he was rostered to work on Saturdays, his Sabbath.
Making a complaint
A person who believes they have been discriminated against because of their religious conviction can lodge a complaint with the Commissioner for Equal Opportunity. The onus of proof lies with the person making the complaint.
The incident or incidents in the complaint must have occurred within the 12 months previous to the date the complaint is lodged.
In some circumstances the Commissioner may decide there is good reason, or good cause, to include incidents that occurred more than 12 months before the complaint is lodged.
