Catholic school urges parents to fight law on sacking staff

A Catholic college wants parents to lobby against proposed laws that outlaw the sacking or expulsion of staff and students on the basis of sexuality, gender or marital status.

Religious leaders have slammed “unfair” legislation put forward by the Victorian government.

Religious schools will be able to discriminate in favour of staff who share their faith under new federal laws that will override changes being made at a state level.

The federal government’s draft religious discrimination law means religious schools deciding to hire and fire staff can legally preference on the basis of religion if they are choosing between people with comparable qualifications.

The Herald Sun understands this will supersede amendments being put in place by the Victorian government to narrow the right to religious discrimination to employment decisions only where faith is inherent to the job.

But the new federal laws will not block Victoria’s plans to stop religious schools discriminating on the basis of sexuality, marital status and gender identity.

Jesuit priest Frank Brennan said a religious school may want its maths teacher to offer a brief prayer before a lesson, and what was deemed “inherent” was unclear.

“Would you be allowed to employ the evangelical gardener rather than the atheist gardener?” he said.

Federal Education Minister Alan Tudge accused the state government of trying to “undermine Catholic and other religious schools”.

The Andrews government is awaiting further details about how the federal laws will affect its legislation currently before parliament.

It is understood the state believes changes to the Victorian Equal Opportunity Act will not clash with existing commonwealth discrimination and fair work laws.

“We would hope that any changes allow for Victorians to … live and work free from discrimination,” a state government spokeswoman said.

PADUA COLLEGE URGES PARENTS TO FIGHT BILL

A Catholic college wants parents to lobby against proposed laws that outlaw the sacking or expulsion of staff and students on the basis of sexuality, gender or marital status.

Padua College, a Catholic co-educational school in Mornington, has asked parents to contact MPs to tell them the state bill is an attack on religious freedom and will weaken the values of Catholic schools.

Principal Anthony Banks told parents the bill will “affect religious freedom and the independence, integrity and ethos of Catholic agencies and organisations, including schools”.

He urges parents to stand up for the “right to choose to hire employees who are dedicated to upholding their religious identity”.

Current laws have led some same-sex staff keep their sexuality or marital status a secret amid concerns they will lose their job. Students at some schools have been too scared to be open about their sexuality for fear of being expelled.

Parents at Padua College, and a number of other religious schools, have been asked to contact members of state parliament to tell them the bill is an intrusion into the way a religious organization conducts itself.

“As an example, the changes will mean that Catholic schools could be forced to hire individuals actively at odds with the teachings that underpin Catholic education and the unique ethos of Catholic schools, or face legal penalties,” Mr Banks told parents.

“This poses a clear threat to the integrity of our schools by severely undermining the faith and values-based education they currently provide,” he wrote.

According to analysis from Equality Australia, the bill will still enable faith-based educational institutions to select staff or students on religious grounds, but they must do so in a fair, reasonable and transparent manner. They will also be able to hire people with certain religious beliefs where it is relevant to the job – for example religious pastoral care workers, but not maintenance workers.

Deb James, general secretary of the Independent Education Union of Victoria, said the proposed law “gets the balance right”.

“This legislation won’t stop faith-based schools from following and teaching in accordance with their religion, and they’ll still be able to ensure that those who lead the faith programs subscribe to and lead their lives according to that faith,” she said.

“What this legislation will do is protect other staff from discrimination. We do not believe for a second that having a maths teacher who is an unmarried parent, or a divorced integration aide, or a receptionist in a same-sex relationship in anyway undermines the faith of a school.”

“We speak to principals every day – and we know that the vast majority do not want the ‘right’ to discriminate against their own staff. They want to lead open, tolerant schools.”

Originally published as Catholic school urges parents to fight law on sacking staff