Greens to stand firm against religious exemptions

* 2010 Annual Statement of Government Intentions, page 32.

Taking part in the 15th annual pride march yesterday, Greens MP Sue Pennicuik, reiterated her determination to resist the plan by Attorney General Rob Hulls to continue to allow religious schools to discriminate against job applicants on the grounds of sex, sexuality, marital and/or parental status.

"In September last year, the Attorney General announced his intention to allow these exemptions or exceptions to continue under the Equal opportunity Act", said Ms Pennicuik. "There is no excuse to allow such a blatant breach of human rights to continue under Victorian law".

"Questions about a person’s sexuality, marital and/or parental status shouldn't arise in a job interview as they are irrelevant to their capacity to do a particular job. It means that employees in religious schools will continue to have fewer rights than the rest of the community", she said. "This is inexcusable. Qualifications and experience should be the sole determinants of job suitability".

"In 2007, I moved to introduce a private members bill to remove the small business and religious schools exemptions from the Equal Opportunity Act, which prompted the government to include a review of the exemptions into its review of the Act, which it hadn’t originally planned to do".

"Like most people, I was amazed that the final report from the Scrutiny of Acts and Regulations Committee, the state parliament’s human rights watch committee, recommended that exceptions that allow religious schools to discriminate in employment based on person’s sexuality, marital and/or parental status be retained under the Act", she said.

The government has flagged in its "Statement of Government Intentions" that it will introduce a bill that will 'remove legal and technical barriers to the elimination of discrimination; and, clarify, update and amend exceptions to unlawful discrimination which have been the subject of a separate review by the Scrutiny of Acts and Regulations Committee'.*

 "It must ensure that the bill does not allow these discriminations to continue under the law", she said.

 "So-called religious freedom should not come at the expense of other people's fundamental rights", she said. "The Greens will be opposing any moves to retain these exemptions in the Act".

For further comment: Sue Pennicuik 9530 8399

Background:

The Equal Opportunity Act currently contains exemptions that allow religious schools and small businesses to discriminate on any grounds, including age, race, gender, religious belief, marital status, impairment, breastfeeding, physical features, industrial activity, sexual orientation, parental status or status as a carer. The existing legislation, introduced by the Kennett Government, allows a religious organisation or a business employing less than five people to reject a job applicant because they are gay, lesbian, of another religion, breastfeeding or any other listed attribute.

Greens GLBTI policy s.3.1.3: :Amending the Equal Opportunity Act 1995 to remove exemptions for religious organisations to discriminate on the grounds of sexual orientation and gender identity." Greens Education policy s.3.3.11: "Ensuring all schools that receive public funding are subject to the same level of accountability, transparency and non-discriminatory staff recruitment and student enrolment policies."