It is unlawful under the Equal Opportunity Act 1984 to discriminate against a person because of their political conviction.
Direct political conviction discrimination occurs when a person is treated less favourably because of their political conviction (or lack of) compared to another person with political conviction (or lack of), in the same or similar circumstances.
Indirect political discrimination is when a requirement, condition or practice that is the same for everyone has unfair effect on someone of a particular political conviction (or lack of) and is unreasonable in the circumstances.
Where does the protection apply?
Under the Act it is unlawful to discriminate against a person because of their political conviction in certain areas of public life, including:
- Work including employment
- Education
- Provision of goods, services and facilities
- Accommodation
- Clubs
- Application forms
Exceptions
There are some instances where it is not unlawful to discriminate against a person because of their political conviction, and these exceptions include:
- Domestic workers in private households
- Employers with less than six employees
- Accommodation provided by a religious body
Accommodation in private households of less than five people - Partnerships of less than six people
- Orders of a court or the State Administrative Tribunal
- The provision of charitable benefits
- Voluntary bodies – admissions and benefits
- Establishments providing accommodation for aged people
- The ordination of priests or ministers of religion
- Employment, education or training by a religious educational authority that discriminates in good faith in order to adhere to its religious teachings
- Employment in a hospital or where a health related service is provided, where the employer is a religious body and duties relate to any religious observance or practice
- When offering employment to a person within the meaning of the Electoral Act 1907, or as a ministerial adviser or officer, employee or worker for a political party, member of the electoral staff of another person or in other similar employment or work (political conviction only).
If an individual or organisation relies upon an exception under the Act when a complaint is made against them, they must justify the use of that exception to the Commissioner for Equal Opportunity.
Responsibilities
Organisations must ensure they provide a working environment and services that are free from political conviction discrimination and they must take all reasonable steps to prevent it from happening or they may be held responsible for their employees’ actions.
A person causing, instructing, inducing, helping or permitting another person to do something unlawful is the same as doing it, for the purpose of the Act.
Example of political conviction discrimination
A local government councilor applied for a vacancy within his local government authority and the interviewing panel unanimously recommended him for the position. Members of the interviewing panel then developed reservations based on the applicant’s political conviction. During this meeting it was decided to re advertise the position, and it eventually was awarded to another applicant. The Equal Opportunity Tribunal found the council had discriminated against him on the basis of his political affiliation.
Making a complaint
A person who believes they have been discriminated against because of political conviction can lodge a complaint with the Commissioner for Equal Opportunity. The onus of proof lies with the person making the complaint.
The incident or incidents in the complaint must have occurred within the 12 months previous to the date the complaint was lodged.
In some circumstances the Commissioner may decide there is good reason, or good cause, to include incidents that occurred more than 12 months before the Complaint Form is lodged.
