Report Suggests Elimination of Gender Bias at Faith-Based Schools

“The overall impact of implementing this recommendation would be to reduce the circumstances where it would be permissible to discriminate against students or staff at religious educational institutions based on attributes protected under the Sex Discrimination Act,” stated the report.

Currently, Section 38 of the Sex Discrimination Act (SDA) allows religious schools to discriminate against employees and contract workers based on certain factors if the discrimination aligns with the school’s religious beliefs. The ALRC recommends removing Section 38 entirely.

Enacted in 1984, the Sex Discrimination Act (SDA) of Australia aims to eliminate discrimination based on various factors like sex, gender identity, sexual orientation, pregnancy, and marital or relationship status.

There is a disparity where non-religious schools would breach the SDA if they expelled a student or dismissed a staff member based on sexual orientation, but religious schools could do so for religious reasons without breaching the Act.

Religious Discrimination Considerations in Proposed Changes

Recommendations in the report highlight the need for an equivalent exception for religious schools to hire staff based on religion and use this discretion legally. There is currently no federal law prohibiting religious discrimination, but discussions on this have been ongoing since 2017.

The ALRC also suggested changes to the Fair Work Act to allow religious educational institutions the preference to hire persons of the same religion.

Attorney-General Mark Dreyfus emphasized the government’s commitment to inclusive anti-discrimination laws that bring Australians together, irrespective of their beliefs.

“Just as Commonwealth law already prohibits discrimination on various grounds, no one should face discrimination based on their faith. Religious schools have the right to foster communities of faith, while also respecting the rights of students and staff,” Mr. Dreyfus stated.