The amendment discussed in this story - "ensuring it is not discriminatory for an employer to take reasonable management action in relation to employees" - does nothing to guarantee protections for the victims of discrimination. #auspol 1/ theaustralian.com.au/nation/politic…
In theory, this will allow employers to discipline employees who make discriminatory 'statements of belief' to others, without fearing that the employee will be able to turn around and claim the employer's actions amount to discrimination on the basis of religious belief. 2/
In practice, this still denies the protection of anti-discrimination law to the person on the receiving end of such comments (because the #ReligiousDiscriminationBill will still override all Commonwealth, state and territory anti-discrimination laws to protect these comments). 3/
So instead of having any ability to bring a complaint to an independent anti-discrimination commission or tribunal, with clear criteria and transparent decision-making, the victim of discrimination can only complain to the person's employer, who can respond how ever they like. 4/
Not only is the employer's decision-making in these circumstances opaque, & not challengeable, it also opens the door to situations where an employer *agrees* with the discriminatory comments being made, and therefore decides not to take any action at all. 5/
Leaving the responsibility of responding to offensive, insulting, humiliating & ridiculing 'statements of belief' up to the whims of individual employers isn't just a recipe for disaster, it means leaving the victims of these demeaning & derogatory comments out in the cold. 6/
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Based on what we know about Labor's proposed amendments to the #ReligiousDiscriminationBill, we can say the following:
-they make improvements in a few important areas
BUT
-don't redeem what remains, overall, a deeply flawed Bill. #auspol 1/
Improvements incl removing the ability of religious schools to discriminate against students on the basis of sexual orientation & gender identity under the Sex Discrimination Act.
And ensuring the statement of belief clause doesn't remove existing discrimination protections. 2/
However, Labor's amendments do *not* protect LGBT teachers in religious schools under the SDA.
Instead, they will wait for the ALRC to report on this.
Even though this issue is *not* complex, with Tasmania protecting LGBT teachers for two decades, & the ACT since 2019. 3/
Disappointingly, this explainer does not discuss the loophole created by the #ReligiousDiscriminationBill itself, which could continue to see LGBT kids discriminated against 'under the guise of religious views', even if the SDA is fixed. #auslaw#auspol 1/ smh.com.au/politics/feder…
This is because the #ReligiousDiscriminationBill allows religious schools to discriminate against students throughout their education.
This falls far short of the best practice approach of Qld, Tasmania, ACT and NT, which limit such discrimination to the point of enrolment. 2/
As a result, a religious school could still punish, or expel, an LGBT student who refuses to publicly affirm 'homosexuality is intrinsically disordered', or 'god created man and women, so trans gender people don't exist.'
The outcome is the same: LGBT kids being mistreated. 3/
"“My appeal to you is to come together and think about our team,” Mr Morrison told the meeting."
Internal party unity is more important to him than protecting trans and gender diverse students from discrimination on the basis of who they are. #auspol 1/ smh.com.au/politics/feder…
Contrast:
Bridget Archer said she was “horrified” that transgender children would not be protected under the proposed reforms and implored her parliamentary colleagues to think about the long term mental health effects of affected people. #auspol 2/
And more:
"I can’t wrap my head around this and I fear that it may risk lives,” she said. “In 2022 I can’t believe we’re having this conversation. This bill is an overreach." #auspol 3/
*Extremely* disappointing that Liberal MP Angie Bell, a member of the LGBT community, has decided not to stand up for trans and gender diverse children and young people. #trans#auslaw#auspol 1/
Bell is also supporting amendments to the Sex Discrimination Act that allow religious schools to discriminate against lesbian, gay and bisexual students in 1,001 ways other than expulsion. #auspol 2/
And supporting a #ReligiousDiscriminationBill that provides an alternative avenue to discriminate against LGBT kids on the basis of beliefs *about* sexual orientation and gender identity, rather than those things directly (including even, presumably, expelling them). #auspol 3/
"Faith-based schools would not be able to expel gay students, but would retain the right to expel transgender students under draft amendments to a contentious #ReligiousDiscrimination Bill package moderate Liberals say they cannot support." #auspol 1/ smh.com.au/politics/feder…
⬆️ I am struggling to find the (twitter-appropriate) words to express how I feel about a Govt that would target trans & gender diverse kids for abuse and mistreatment.
Discrimination law should protect the vulnerable, not expose them to discrimination because of why they are. 2/
There is *nothing* radical about protecting students in religious schools against discrimination on the basis of sexual orientation *and* gender identity.
Tas, Qld & NT have done so for decades. ACT for almost 3 yrs. Religious schools continue to exist in all 4 jurisdictions. 3/