Religious Discrimination

Religious discrimination at work is unfavourable treatment of a person because of their religious belief, their lack of belief, or the way they practise their faith. In Australia the legal picture is less settled than it is for race, sex, age and disability, and employers who assume there is a single federal Act covering it are working from the wrong map.

There is no standalone Commonwealth religious discrimination Act. Protection comes from a patchwork instead. Section 351 of the Fair Work Act 2009 makes it unlawful for an employer to take adverse action against a worker because of their religion, and the unlawful termination provisions cover dismissal on that ground for workers across the country. State and territory anti-discrimination laws also cover religious belief or activity, but not uniformly, and section 351 relies on the underlying state law in the place the action was taken. The practical result is that the protection available to an employee can depend on where they work.

Most disputes are about accommodation rather than hostility. Prayer time and a suitable space, dress and grooming rules that sit awkwardly with religious dress, rostering around days of religious significance, leave requests, and food at work functions are the recurring flashpoints. A reasonable conversation early is nearly always cheaper than a complaint later, and a blanket policy applied without thought is what turns a manageable request into a dispute.

The Fair Work Ombudsman sets out the general protections that apply to employment. Given how much the position varies by jurisdiction, this is general information rather than legal advice, and a religious discrimination question is one worth putting to a lawyer before you act.

The articles tagged here cover what religious discrimination looks like at work and how to handle requests well. To build the underlying respect and inclusion behaviours, see Sentrient’s equal employment opportunity course and cultural awareness training, which treats religion as part of a person’s cultural background, or the full workplace compliance courses range.