Confused about the new religious discrimination laws?
With the recent decision by the federal government to seek bi-partisan support for changes to anti-discrimination exemptions for faith-based schools, some media and employers have been mis-representing the intent and purpose of the legislation, which has unfortunately led to confusion by employees.
As a member of the IEU, you value fairness and justice and upholding workers’ rights – including workers’ rights to be free from all forms of discrimination.
Examples to help understand how the new religious discrimination laws apply
Whilst religious schools should be allowed to employ staff on their religious values and to teach the religion to students, consideration should be given to individual circumstances.
Example 1 – a faith-based employer might insist that divorce offends their religious views and as such an employee going through a divorce would be best to look for work elsewhere.
Under the proposed updates to religious discrimination laws, that decision by the employer would no longer be allowed. We have examples of employees who are experiencing domestic violence and divorce is necessary to escape that violence. Discrimination against the employee is not acceptable.
Example 2 – consider a couple who have no choice but to start IVF treatment to have a family are warned that it offends the tenets of the religion and as such are told their employment could be in jeopardy if knowledge of their IVF treatment is known in the school. That, quite rightly, would breach the new religious discrimination laws.
The new religious discrimination laws should give employers and employees greater clarity
Claims by employers such as ‘we can’t employ those that we want’ or ‘our religious lessons and teaching would be undermined’ under the new religious discrimination laws are inaccurate and somewhat scare-mongering.
To be clear, this proposed legislation still allows ‘on engagement’ for those religious aspects to be considered. A school can elect to employ a teacher who is active in their church over someone who is not. That does not change.
Nothing in this legislation would change the teaching of religion in schools. An employee will still be required to teach religion in line with the religious teachings of their employer. Not doing so could lead to employment implications.
The new religious discrimination laws are not likely to affect enrolments or staff employment
Discussion about school enrolments being in jeopardy new religious discrimination laws are unfounded and even refutable.
Consider the Northern Territory in late 2022 when it legislated changes to remove special discrimination exemptions for faith-based schools – including on employment on the basis of religious belief, activity or sexuality. ABS statistics show no change to full-time apparent retention rates*.
Employees want to work for an employer that values and respects them and as such, teachers and support staff are savvy enough to know which employers will support them and they won’t apply for employment with those that clearly do not. Religious discrimination is not the only discrimination that may guide a potential employee’s decision to work for an employer.
Your union stands with you against any employer discrimination. If you have any questions or need assistance, contact our office – 8410 0122 or enquiries@ieusa.org.au
Tim Oosterbaan
Branch Secretary
Source: https://www.abs.gov.au/statistics/people/education/schools/latest-release
