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Religion

 

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Overview

Religious discrimination includes distinctions made on the basis of expression of religious beliefs or membership in a religious group. This also includes discrimination against people who do not ascribe to a particular religious belief or are atheists.[1]

Courts have had difficulties defining the term ‘religion’ due to the absence of a universally satisfying definition of the term.[2] The following features were provided by the High Court as helpful but not determinative aids in deciding whether a particular collection of ideas and/or practices should objectively be characterised as ‘a religion’:

  • the particular collection of ideas and/or practices involves belief in the supernatural, i.e. belief that reality extends beyond that which is capable of perception by the senses
  • the ideas relate to man’s nature and place in the universe and relation to things supernatural
  • the ideas are accepted by adherents as requiring or encouraging them to observe particular standards or codes of conduct or to participate in specific practices having supernatural significance
  • however loosely knit and varying in beliefs and practices adherents may be, they constitute an identifiable group or identifiable groups, and
  • the adherents themselves see the collection of ideas and/or practices as constituting a religion.[3]

Although discrimination on the basis of religious beliefs is not permitted, there may be legitimate bases for imposing requirements in the workplace which restrict the worker’s freedom to practice a particular religion, such as:

  • a religion may prohibit work on a day on which the employer usually operates
  • a religion may require a special type of clothing which may not be compatible with safety equipment
  • a religion may prescribe dietary restrictions or daily routines during work hours which may be difficult for the establishment to fully accommodate, or
  • an employment position may require an oath incompatible with a religious belief or practice.[4]

Related information

Case example

Discriminatory action based on religion found – Anti-discrimination Act 1991 (Qld)

References

[1] ‘Q&As on business, discrimination and equality’ International Labour Organization, 01 February 2012.

[3] ibid., 174.

[4] ‘Q&As on business, discrimination and equality’ International Labour Organization, 01 February 2012.

Updated time

Last updated

15 June 2018

 

 

 

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