Religious discrimination in the workplace

The Fair Work Act 2009 protects employees from discrimination based on religion. This includes prohibiting employers from:

• Terminating an employee's employment

• Treating an employee less favourably than other employees

• Not hiring someone

• Including terms in a modern award that discriminate against an employee

• Taking adverse action against an employee or prospective employee based on their religion

Still, religious discrimination continues to be an issue in Australia, with members of minority religious groups experiencing threats, attacks, and hate speech.

Aiming to raise awareness, we’ll discuss the meaning and implications of religious discrimination in the workplace and how to avoid such discrimination in your business.

What is religious discrimination?

Religious discrimination occurs when individuals or groups are treated differently because of their religion or beliefs. This also includes discrimination based on philosophical beliefs, such as environmentalism or spirituality.

Discrimination against religion can take various forms and it’s not always obvious. Direct religious discrimination happens when someone is treated unfairly because of their beliefs.

For example, if an employee who wears a hijab, a head covering worn by some Muslim women, is passed over for a customer-facing role solely because of their headscarf, it constitutes religious discrimination. This is based on the prejudicial assumption that customers would react negatively to the hijab, without any actual evidence to support this claim.

Forms of religious discrimination

• Discrimination by association due to the religion or beliefs held by those who the victim associates with (e.g. friends, colleagues, or family members)

• Discrimination by perception due to the assumption (whether right or wrong) that an individual is of a particular religion or beliefs

• Harassment where a person is subjected to ‘unwanted conduct’ due to their religion or beliefs (e.g. bullying, asking intrusive questions, or being physically abused)

• Victimisation where a person experiences some disadvantage, damage, or harm, because of their involvement in a discrimination case (e.g. being mistreated after making an allegation or giving evidence in support of a victim)

If you’re unsure whether something is considered discrimination against religion, it’s advisable to seek employment relations advice.

Or why not ask Bright Brainbox a question. For example, can I ask employees what their religious beliefs are?

How to identify religious discrimination in your business

You’ll stand the best chance of preventing and minimising the negative impacts of religious discrimination if you can recognise its signs. As mentioned, such discrimination can take various forms and have different impacts from one case to another.

With that said, indications of religious discrimination might include:

• Unfair allocation of tasks among employees of different religious beliefs

• Offensive comments about religious practices

• Exclusion from team activities and meetings

• Unequal granting of benefits or opportunities

If you identify such signs, then it may be time to review your business practices. You might recognise the need to enhance staff awareness through diversity and inclusion training. 

There must also be a clear grievance procedure, with your company’s policies coming under regular review according to the law.

How to prevent religious discrimination at work

Religious discrimination is most common across areas of employment such as recruitment, time-off requests, and dress code.

Preventing religious prejudice when hiring

In terms of employment, you can minimise the risks by taking care over the writing of job advertisements, descriptions, and person specifications.

This will mean avoiding the mention of irrelevant characteristics and wording that could offend. You can increase the chances of attracting diverse job candidates by advertising through different channels. Applications should be anonymised where possible, with interviews being structured for the avoidance of bias.

Preventing religious discrimination regarding employee time off

While under no obligation to grant time off for religious reasons, you should review such requests with care and sympathy. A reasonable and flexible approach should be taken, given the prospect of discrimination claims if such requests are rejected without good business reason.

It’s advisable to include a general term in the employment contract, specifying that such requests will be considered on a case-by-case basis.

Preventing discrimination of religion in company dress codes

Company dress codes might be set for such reasons as maintaining the desired corporate image or satisfying health and safety standards. Again, you should aim to accommodate employees who wear particular clothing or garments for religious reasons.

There will ideally be some flexibility in the attempt to find a mutual agreement. Dress code decisions might come down to such factors as the employer’s duty of care, impact on the business, and whether a reasonable compromise can be found.

Other measures you can take to prevent discrimination against religion

• Introducing a comprehensive anti-discrimination policy, giving a clear definition of religious discrimination and setting out responsibilities for its prevention

• Ensuring the involvement of all employees in diversity and inclusion training, with real-world examples of how to avoid biased behaviour

• Promoting a workplace culture that embraces and shows respect for religious diversity

• Developing a clear and confidential process for the reporting of religious discrimination, ensuring that such matters are dealt with as a priority under the law

• Regularly reviewing and maintaining compliant anti-discrimination policies

Get 24/7 HR support with religious discrimination from BrightHR

Cases like those of Mr Ebrima Bayo highlight the importance of understanding and handling religious discrimination at work. Failure to do so will inevitably have negative impacts on the victim and wider business.

Involvement in such cases could have significant legal and financial consequences, besides the effect on the company’s reputation. However, you can count on the support of BrightHR’s qualified team in preventing and managing religious discrimination cases.

Discrimination cases can be handled with confidence, with 24/7 support through BrightHR’s employment relations advice line. Plus, we offer access to an online HR document library, complete with hundreds of contracts, handbooks, factsheets, and templates for you to use. So, you can be sure your policies and contracts are in line with current employment laws.

From the prevention of discrimination against religion to the maintenance of compliance, BrightHR has you covered. Book a free demo to see how our HR software can support your business.