(1) A person may impose genuine occupational requirements for a position.
Examples of genuine requirements for a position—
Example 1—
selecting
an actor for a dramatic performance on the basis of age, race or sex for
reasons of authenticity
Example 2—
using membership of a particular political party as a criterion
for a position as an adviser to a political party or a worker in the office of
a member of Parliament
Example 3—
considering only women applicants for a position involving body
searches of women
Example 4—
employing persons of a particular religion to teach in a school
established for students of the particular religion
(2) Subsection (3)
applies in relation to—
(a) work for an educational institution (an
"employer" ) under the direction or control of a body established for
religious purposes; or
(b) any other work for a body established for
religious purposes (also an
"employer" ) if the work genuinely and necessarily involves adhering to and
communicating the body’s religious beliefs.
(3) It is not unlawful for an
employer to discriminate with respect to a matter that is otherwise prohibited
under section 14or 15, in a way that is not unreasonable, against a person
if—
(a) the person openly acts in a way that the person knows or ought
reasonably to know is contrary to the employer’s religious beliefs—
(iii) in doing something connected with the person’s work; and
Example for
paragraph (a)—
A staff member openly acts in a way contrary to a
requirement imposed by the staff member’s employer in his or her contract of
employment, that the staff member abstain from acting in a way openly contrary
to the employer’s religious beliefs in the course of, or in connection with
the staff member’s employment.
(b) it is a genuine occupational
requirement of the employer that the person, in the course of, or in
connection with, the person’s work, act in a way consistent with the
employer’s religious beliefs.
(4) Subsection (3) does not authorise the
seeking of information contrary to section 124.
(5) For subsection (3) ,
whether the discrimination is not unreasonable depends on all the
circumstances of the case, including, for example, the following—
(a)
whether the action taken or proposed to be taken by the employer is harsh or
unjust or disproportionate to the person’s actions;
(b) the consequences
for both the person and the employer should the discrimination happen or not
happen.
(6) Subsection (3) does not apply to discrimination on the basis of
age, race or impairment.
(7) To remove any doubt, it is declared that
subsection (3) does not affect a provision of an agreement with respect to
work to which subsection (3) applies, under which the employer agrees not to
discriminate in a particular way.
(8) In this section—
"religion" includes religious affiliation, beliefs and activities.
"selection process" means a process the purpose of which is to consider
whether to offer a person work.
