Discrimination against applicants and employees
54 Discrimination against applicants and employees
It is unlawful for an employer to discriminate against a person on the ground of the person’s religious or political conviction —
in the arrangements made for the purpose of determining who should be offered employment; or
in determining who should be offered employment; or
in the terms or conditions on which employment is offered.
It is unlawful for an employer to discriminate against an employee on the ground of the employee’s religious or political conviction —
in the terms or conditions of employment that the employer affords the employee; or
by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment; or
by dismissing the employee; or
by subjecting the employee to any other detriment.
It is unlawful for an employer to discriminate against an employee on the ground of the employee’s religious conviction by refusing the employee permission to carry out a religious practice during working hours being a practice —
of a kind recognised as necessary or desirable by persons of the same religious conviction as that of the employee; and
the performance of which during working hours is reasonable having regard to the circumstances of the employment; and
that does not subject the employer to any detriment.
Subsections (1), (2) and (3) do not apply to employment —
to perform domestic duties on the premises on which the employer resides; or
where the number of persons employed by the employer, disregarding any persons employed to perform domestic duties, does not exceed 5.
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