As we whiz through the festive season towards Christmas,
employers should be mindful of any workplace conduct that may
constitute direct or indirect discrimination on the basis of an
employee's religion.
Under the Equal Opportunity Act 1984 (WA), it is
unlawful for an employer to discriminate against an employee on the
basis of their religious convictions. Relevantly, the definition of
the phrase "religious conviction" includes a lack or
absence of religious conviction.1
The Australian Human Rights Commission Act 1986 and the
Fair Work Act 2009 also prohibit employers from
discriminating against employees on the basis of religion.
Conduct to be wary of includes:
- requiring employees to participate in celebrations or
activities that may offend their religious convictions,
particularly if there may be adverse treatment flowing from any
refusal to participate; or
