Equal Opportunities For Job Seekers

30 August 2016

The Andrews Labor Government will reinstate protections against discrimination for Victorian workers seeking employment at religious bodies or schools.

The Labor Government will introduce the Equal Opportunity (Religious Exceptions) Bill 2016 in Parliament this week to reinstate the inherent requirements test under the Equal Opportunity Act 2010.

The test was scrapped by the former Coalition Government in 2011, which left many Victorians vulnerable to discrimination when seeking employment with religious bodies or schools, particularly because of their sexual orientation or gender identity.

The inherent requirements test will limit the ability of a religious body or school to rely on a religious defence to discriminate in the area of employment because of a person’s sex, sexual orientation, gender identity, marital status or differing religious beliefs.

The defence will be limited to circumstances where religious beliefs are an inherent requirement of a job, and an employee or job applicant does not meet the requirement because of a specific personal attribute.

The test will not force religious bodies or schools to employ people with attributes that conflict with its religious beliefs and principles. However, it will require them to demonstrate a necessary connection between their religious beliefs and the requirements of a specific role.

The new legislation delivers on the Labor Government’s election commitment to amend the Equal Opportunity Act 2010 to restore a greater balance between the right to be free from discrimination and the right to religious freedom.

Quotes attributable to Attorney General Martin Pakula

“When the former Coalition Government scrapped the inherent requirements test in 2011, they left many in Victoria’s LGBTI communities vulnerable to discrimination in the job market.”

“We respect people’s right to religious expression but not at the cost of equality.”

This test will ensure a fairer balance between the right to equality and the right to freedom of religion.”

Quote attributable to Minister for Equality Martin Foley

“We will continue to deliver on our election commitments which support our LGBTI community, because equality is not negotiable.”

Reviewed 19 August 2020

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