Removal of exemption from discrimination laws would not allow them to effectively operate and teach to their ethos, schools say
Catholic schools are expected to rally against a proposal to restrict their hiring and firing powers in a reform aimed at protecting LGBTQ+ students and teachers.
The ALRC has proposed removing section 38 of the act, which allows education institutions to discriminate against employees, contractors and students on the grounds of sex, sexual orientation, gender identity, marital or relationship status or pregnancy.It proposed schools should not be able to discriminate against students, or prospective students, based on the characteristics of their family member or carer, such as refusing to admit children with queer or unmarried parents.
That would align the federal laws more closely to Victoria, which protects non-teaching staff such as administrative staff, from discrimination. Religious schools would be allowed to terminate teacher employment where it was “necessary to prevent an employee from actively undermining the ethos of the institution” and “proportionate” to their conduct. However, they would need to have regard to matters including privacy and other alternatives available to the employer.
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