RELIGIOUS BELIEF OR ACTIVITY - CASE STUDIES

The following case studies are based on matters which have been received by the Anti-Discrimination Commission Queensland. They are provided as a guide to the range of outcomes which can be achieved, and kinds of issues raised.

Religion in the area of the administration of State laws and programs

A prisoner alleged discrimination on the ground of religion against a prison. The man alleged he was restricted in his practice of Spiritual Science Judaism. He complained that cardboard icons significant to his worship had been confiscated and that he had been mocked by prison staff. At conciliation, prison management agreed to allow observance of religious days and ceremonies. A request from the prisoner for candles was deemed inappropriate and not agreed to by the respondents.

Indirect Religious Discrimination in Work

The Commission received a complaint from a man who claimed that his employer had introduced a new rule that all staff were required to work on Saturdays. He claimed that the rule had forced him to resign as he was unable to work on Saturdays due to his devout practice as a Seventh Day Adventist.

The employer claimed that they had not intentionally treated the complainant unfairly on the basis of his religion. The Commission met with the employer and spent some time discussing relevant cases and the specific provisions of the Anti-Discrimination Act 1991 which applied in this case, including that having no intention to discriminate was not a defence.

In conciliation the employer apologised for any hurt and humiliation that the complainant may have suffered. The employer also agreed to pay the complainant $5,000 to cover his loss of wages and general damages.

This information is intended as a guide only. It is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or Teletypewriter 1300 130 680 statewide.