'It's not because you wear Hijab, it's because you're Muslim' - Inconsistencies in South Australia's Discrimination Laws

Anne Hewitt

doi:10.5204/qutlr.v7i1.154

Abstract

Amendments to the Equal Opportunity Act 1984 (SA) have been proposed which would introduce a new prohibition on discrimination on the ground of religious appearance and dress in the state. However, there remains no prohibition on discrimination based on religious belief or practice. This paper examines the reasons for this curious state of affairs, and considers its consequences for religious groups in South Australia. The legislation regarding religious discrimination in other jurisdictions is considered, as are alternative means that members of religious groups in South Australia may seek protection from discrimination against them. In particular, the link between the characteristics of religion and race are considered, and the different protections offered to religious and racial groups under anti-discrimination legislation is analysed.

Highlights

Amendments to the Equal Opportunity Act 1984 (SA) have been proposed which would introduce a new prohibition on discrimination on the ground of religious appearance and dress in the state
This paper examines the reasons for this curious state of affairs, and considers its consequences for religious groups in South Australia
The legislation regarding religious discrimination in other jurisdictions is considered, as are alternative means that members of religious groups in South Australia may seek protection from discrimination against them

Summary

ANNE HEWITT*

Amendments to the Equal Opportunity Act 1984 (SA) have been proposed which would introduce a new prohibition on discrimination on the ground of religious appearance and dress in the state. In a second controversial case Mrs Williams-Drabble, a committed Christian, was able to establish that a shift system which required all staff to work on their fair share of Sundays amounted to indirect religious discrimination as it had an adverse impact on a considerably greater number of Christians than others.[6]. In order to answer this second question, it is necessary to considered how much protection religious groups receive from the existing legislation – the prohibition against racial discrimination. Each of these questions will be analysed in turn

OPPOSITION TO PROHIBITION OF RELIGIOUS DISCRIMINATION

THE CURRENT STATE OF THE LAW

ALTERNATIVE SOURCES OF PROTECTION

DEFINING ETHNIC GROUPS

CONSEQUENCES IN SOUTH AUSTRALIA

CONCLUSIONS