Adverse action – religious discrimination extended

One aspect of the Fair Work Act 2009 which has not received a great deal of attention are the provisions which protect employees from adverse action on the basis of religion. Section 351 provides that an employer must not take adverse action against a person who is an employee or prospective employee because of their religion.

Adverse action includes dismissing the employee, injuring the employee in some aspect of their employment, altering the employees position to the employee's detriment or discriminating in some way between that employee and other employees of the employer.

Discrimination law at the State and Federal level has previously not included such protections and religious beliefs and practice has never previously been a protected attribute.