The NSW Gay and Lesbian Rights Lobby (GLRL) has welcomed the launch of the Anti-Discrimination (Equality in Education and Employment) Amendment Bill today. The Bill will be introduced as a private members bill into the NSW Legislative Council by Greens MLC, Lee Rhiannon.

The Bill proposes amendments to the Anti-Discrimination Act that will remove the exemptions currently available to private educational authorities and small businesses, which allow them to lawfully discriminate against gay men and lesbians.

“The exemptions that currently exist in the Anti-Discrimination Act go against the spirit of the Act, which is to protect those marginalised in our community against discrimination. The exemptions send the wrong message that discrimination is OK in some circumstances”, said GLRL Co-Convenor Rob McGrory.

The unreasonable exemptions for small businesses, private educational authorities and religious organisations puts those institutions above the law by allowing them to discriminate in many ways. Private educational authorities can sack gay and lesbian teachers, and students are not always protected from homophobic bullying or harassment. Schools do not even have to treat lesbian and gay students fairly. Religious organisations can discriminate in the provision essential community services, for which they receive government funding such as health, welfare and family services. They can discriminate against a gay and lesbian staff member even if the employee has no religious function.

“Recent research by the NSW Attorney General showed that homophobic abuse, harassment and violence against gay men and lesbians, remains at alarmingly high levels in NSW”, continued McGrory. “That same report identified schools as needing particular attention to combat homophobia. If that is to occur, private educational institutions should be subject to the same laws as everyone else”.

Research done by the GLRL with the Australian Centre for Lesbian and Gay Research revealed that workplace discrimination and harassment is an all too common experience in NSW. “It is unacceptable that any employer in NSW should be allowed to discriminate against and sack staff just because of their sexuality,” said GLRL Co-Convenor Somali Cerise.

Cerise continued, “These exemptions have remained for far too long. It essential that all schools, small businesses and religious based services play a role in fostering respect and promoting diversity by complying to the Anti-Discrimination Act. We call upon the Carr Government to get serious about combating homophobic discrimination, harassment and violence by removing the exemptions from the Anti Discrimination Act.”