It seems it’s OK for employers to discriminate when advertising, as long as it’s ‘positive’

A Equal Opportunity & Human Rights Commissioner says it’s lawful for employers to discriminant when advertising a job in some cases.

Yesterday Tom Elliott, host of 3AW Drive, spoke of two examples of ‘positive discrimination’ advertised by Melbourne employers.

Flinders Christian Community College are advertising for a Christian barista, who “supported biblical beliefs, and, in particular can recite the Apostles‘ Creed”.

Metro Trains is advertising for “motivated and energetic” females to join their traineeship.

Kristen Hilton, Victorian Equal Opportunity & Human Rights Commissioner says under the Equal Opportunity Act it would be lawful for the both employers to advertise in that way.

“It’s been an issue that has occupied us at both a state and federal level,” Ms Hilton said.

“These aren’t always easy issues to resolve.

“There’s really broad exceptions for religious institutions under this Act.

“Whereas, Metro trains are trying to create an opportunity for people who have previously been locked out of that particular workforce, so it falls under a ‘special measure’.”

Click PLAY to hear the full interview with Kirsten Hilton.