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A bill to prevent minorities from sex-based harassment in the workplace has received mixed reviews from a Queensland union.
The update to the Anti-Discrimination Act 1991, which included new offences for sex-based harassment and prohibited the creation of a hostile work environment on the basis of sex, has been largely welcomed by the Queensland Council of Unions.
The change will mean people most at risk of sexual or sex-based harassment will be better protected, including queer people, First Nations people, women, and young people.
The union also welcomed a positive duty to require those conducting businesses to take “proactive measures” to prevent discrimination on the grounds of protected attributes, such as family and domestic violence, physical features, and irrelevant criminal records.
Duty holders will be required to reasonably accommodate people with a disability in a move welcomed by the union.
However, Queensland Council of Unions general secretary Jacqueline King said she was disappointed the act will continue to allow religious bodies to discriminate, particularly against employees in faith-based schools.
“We know hundreds of private school staff are dismissed every year simply because they are in a de facto relationship, have undertaken IVF treatment, have been divorced and remarried – let alone if they are a queer staff member,” King said.
“The current occupational exemption does not protect these workers, many of whom are very committed to their faith and their career.”
King said the “one reason and one point in time” religion-based schools should be allowed to discriminate against their employees is to prefer a job applicant based solely on the grounds of their faith.
In addition to better sex-based harassment protections and the positive duty for all duty holders, the bill allows registered unions to make representative claims on behalf of their members when there is “widespread harassment or discrimination”.
King said it will allow workers to “bring their issues to light”.
Queensland employers will also be prohibited from forcing employees and job applicants to disclose their medical history.
“[This will reverse] a widespread practice among industries such as mining, maritime and manufacturing where workers are required to disclose personal medical records to secure a job interview, regardless of their relevance for the job at hand,” King said.
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Anti-discrimination is defined as treating someone less favourably because of certain protected characteristics, such as a person's sex, race, handicap, or age, which is illegal and violates the Fair Work Act of 2009.
According to the Australian Human Rights Commission, discrimination occurs when one individual or group of people is regarded less favourably than another because of their origins or certain personality traits. When a regulation or policy is unfairly applied to everyone yet disadvantages some persons due to a shared personal trait, that is also discrimination.
