IEU continues to support much needed protections for staff in religious schools

IEU Victoria Tasmania General Secretary David Brear says recommendations about discrimination in religious schools from the Australian Law Reform Commission (ALRC) tabled in Federal Parliament Thursday 21 March are "long overdue and crucial to updating anti-discrimination legislation."

"Every worker, including all members of the IEU, deserves the right to a workplace devoid of discrimination.

“Our school staff and students have waited long enough for equitable and reasonable safeguards.

"Schools and faith communities can flourish without discriminatory practices."

The IEUA called the report “long overdue”. It said the federal government must not further delay its election commitment to protect workers in religious schools.

“Our community expects that employers can’t lawfully discriminate due to an employee’s sex, sexual orientation, marital status or pregnancy.

“Yet special privileges for faith-based schools continues to allow treatment that would be prohibited in all other areas of society. The ALRC recommendations to the federal government to reform such employer exemptions are an essential step to modernise these antiquated laws.”

The ALRC report recommended that Section 38 of the Sex Discrimination Act be repealed and also the removal of a range of exemptions for religious schools from the prohibitions on discrimination contained in the Fair Work Act.

Section 38 allows religious schools to discriminate against students and staff based on their sexual orientation, gender identity, pregnancy or relationship status. It has meant religious schools could sack gay teachers and expel transgender students.

The ALRC report states: “The overall effect (of its recommendation) would be to narrow the circumstances in which it would be lawful to discriminate against students or staff at religious educational institutions on the basis of attributes protected under the Sex Discrimination Act”.

Labor vowed to act on religious discrimination and protecting LGBTQ+ students and staff in its first term, but in recent days appeared to be seeking bipartisan support from the Liberal opposition before it would enact changes.

This would mean that unless the Coalition supports proposed changes, the rights of LGBTQ+ students and staff in religious schools will remain unprotected.

The IEUA says it is critical that these long promised changes are delivered “as soon as possible and without further delay”.

“Our school staff and students have already waited long enough. The government will be held to account on their clear election commitment.”

The Federal Attorney General Mark Dreyfus said in a statement, “It is advice to the Government, and we will continue to consider it”.

For seven years federal parliament has been grappling with laws governing religious freedom.

Labor has sought to stop schools discriminating against students or staff based on their sex, sexuality, gender identity, relationship status or pregnancy. All those grounds have been legally used by schools to fire staff.

Labor also wanted schools to be able to preference people of the same religion when hiring.

Faith communities have lobbied for the introduction of a Religious Discrimination Act.

The IEU has long campaigned for the rights of LGBTQ+ staff to be protected.

A year ago, we reported that the ALRC had released a consultation paper in January 2023 which recommended the removal of the exceptions from anti-discrimination law which have allowed religious schools to discriminate against students and IEU members.

“The IEU supports the removal of these exemptions which have enabled a small minority of intolerant employers to relentlessly bully and dismiss hundreds of IEU members over many decades,” we said then.

“This discriminatory conduct included the dismissal of LGBTIQ+ members, those who were living apart from their partners, members who used non-approved methods of IVF and others who simply sought a dialogue with their church over its religious teachings and moral values.”

For years, IEU members  ̶  teachers, school leaders, and school support staff  ̶  have shared their heartbreaking stories of discrimination they endured due to their sexual orientation, fertility treatment, relationship status or pregnancy.

The IEUA recounted some of the stories:

“A new graduate teacher terminated by her Christian College when she told the school she was pregnant but unmarried.

“An experienced Catholic school teacher investigated and forced to resign for undertaking IVF treatment in breach of the school’s ‘statement of principles’.

“A secondary teacher terminated by their Islamic school after the school community revealed they were in a same-sex relationship.

“These are just a few of the many stories bravely shared by IEU members. Such treatment would be unlawful in every other industry.

“It has no place in today’s workplace. Schools and communities of faith can continue to prosper without the need to discriminate.”

On Monday 25 March, Equality Australia released the report Dismissed, Denied, Demeaned, which details “the impact and true extent of LGBTQ+ discrimination in religious educational institutions and faith-based service providers in Australia”.

Ghassan Kassisieh, Equality Australia Legal Director, says, LGBTQ+ discrimination in religious schools and organisations is “endemic”.

“Right now, LGBTQ+ staff and students in religious schools can be fired or expelled because of who they are across many parts of the country. Yet 1 in 3 students and almost 2 in 5 staff are enrolled or employed in private schools, most of which are religiously affiliated.

“LGBTQ+ people can also be turned away from faith-based service providers receiving billions in taxpayer dollars.

“Reform is urgently needed at a Commonwealth level and in some states and territories.”

ACTU Assistant Secretary Liam O’Brien said. “Every worker should have the right to a safe, inclusive, and respectful work environment free from discrimination on any grounds, including that of their religion.

“Unions welcome the ALRC’s report and call for an end to the exemption that permits religious educational institutions to discriminate against workers based on their sexuality, gender, and relationship or pregnancy status.

“Unions believe that these reforms are necessary and should happen as a matter of urgency. All working people should be protected from discrimination, whether that is based on their gender, sexuality, religion, or any other attributes. People should be employed on their merit and all forms of discrimination are unacceptable.”