Religion

What is religious discrimination?

Religious discrimination happens when someone is treated unfairly because:

they have a religious belief or do not have a religious belief
they engage in or refuse to engage in lawful religious activity.

Discrimination on the basis of religious belief or activity is unlawful whether or not:

the assumptions the person made about your religious belief or activity were correct
the person who discriminated against you didn’t mean to discriminate or didn’t think they were discriminating against you.

The motive for the discrimination doesn’t matter – what matters is the effect of the behaviour.

Religious discrimination based on a person’s religious beliefs can be direct or indirect.

Direct discrimination happens when a person is treated worse than others because of their religion (or lack of religion).

For example, the owner of a house for rent refusing to consider the application of a Hindu family.

Indirect discrimination happens when a rule, policy or practice is difficult – or impossible – to comply with because of a person’s religious belief or activities (or lack of same), unless it is reasonable in the circumstances.

For example, an employer requires workers to wear a uniform that includes a cap for appearance reasons (not for hygiene or safety reasons). People who are required to wear a particular headdress under their religion are unable to comply with the requirement.

It is also unlawful to discriminate against someone because of their connection with a person of a particular religion (or lack thereof). This includes discrimination based on their relationship or association with someone of a particular religion, such as a:

friend
family member
co-worker.

For example, a man and his Muslim friend are refused entry to a restaurant because the owner doesn’t want a Muslim person to enter.

Learn more about association discrimination.

When and where it’s unlawful discrimination

It is unlawful to discriminate based on religion in many areas of public life, including:

At work: including in relation to recruitment, job offers, training, promotion, conditions, and dismissal.

In education: schools, universities, TAFE and other training providers cannot refuse enrolment or treat students differently because of their religious belief or activity.

In the provision of superannuation and insurance.

In accommodation: including when renting, applying for housing, or using short-term accommodation.

In goods and services: shops, cafés, banks, loans, government or other services must treat people fairly regardless of religious belief or activity.

In clubs: membership, benefits, and participation must not be restricted based on religious belief or activity.

In state government administration: in the administration of state government programs.

There may be circumstances where a valid exemption applies (see below).

Examples of religious discrimination

A manager tells an employee they cannot take short breaks for prayer even though the workplace allows other forms of personal breaks.

A school suspended a Sikh student because its uniform policy required hair to be cut neatly and the school hat to be worn. The school will not allow the Sikh student to wear a turban and leave his hair uncut, which are requirements of his religion.

The employer of a young woman who was engaged as a sales assistant frequently made efforts to change the young woman's religious beliefs and personal habits, and persistently requested her to attend their church.

When discrimination may be lawful (Exemptions)

There are some circumstances when discrimination on the basis of religious belief or activity is allowed. These are called ‘exemptions’.

Exemptions apply only in limited situations and only when they are reasonable.

Genuine occupational requirements

It may be lawful to discriminate on the basis of religious belief in a work context if there is a ‘genuine occupational requirement’ that the person belong to a particular religion or observe certain religious practices.

Religious schools

A religious school may refuse to enrol students who do not belong to a particular religion.

A religious school may also discriminate on the basis of other attributes against a staff member who openly acts in a way that is contrary to the employer’s (the school’s) religious beliefs.

Work in a person’s home

It may be lawful to discriminate on the basis of religious belief or activity when employing someone to work in your home to do domestic work or look after your children.

Religious bodies

Religious bodies can discriminate on any basis in relation to:

the ordination or appointment of priests, ministers of religion, or members of a religious order
the training or education of people seeking to be ordained or appointed as priests, ministers of religion or members of a religious order; or
selecting or appointing people to perform functions or participate in any religious observance or practice.

Sites of cultural or religious significance

Access to land or buildings of cultural or religious significance may be restricted on the basis of sex, age, race or religion if the restriction is in accordance with the culture or religion concerned and is necessary to avoid offending people of the culture or religion.

Learn more about exemptions.

What is religious vilification?

Religious vilification is unlawful.

Vilification happens when a person does a public act that incites hatred, serious contempt, or severe ridicule of a person or group because of their religious belief or activity.

Serious vilification is when someone additionally threatens physical harm to a person or their property or incites others to threaten physical harm to a person or their property. Serious vilification is a criminal offence.

Find out more about vilification.

What you can do

If you believe you have been discriminated against because of your religion or lack of religious belief, or if you have been vilified because of your religion, you can make a complaint to the Queensland Human Rights Commission.