Discrimination based on an employee or prospective employee's religion, religious affiliation, religious beliefs, religious convictions or religious activities including religious dress is unlawful. One example of discrimination is requiring a Jewish employee or a Seventh-day Adventist to render work on the Sabbath, or prohibiting a Muslim employee praying on Friday. It may also be discriminatory to prohibit Sikh employees wearing turbans to work or female Muslim employees wearing hijab to work.

In Xiaofeng Hou v 3CW Chinese Radio [2014] FWC 1108 (17 February 2014), the radio show of a presenter on a Chinese language radio station was ended by the station's general manager with an on-air announcement. She was dismissed from employment. When the presenter sought an explanation for the cancellation of her show and her dismissal, the general manager stated that it was because of her Christian religion and no other reason. This was an unfair dismissal claim (s 394), not a discrimination claim. The Commission found that dismissing her because of her religion was not a valid reason, and ordered compensation. Unfair dismissal compensation is capped and cannot include an amount for hurt and distress.

• The Fair Work Act. Section 351 of the Fair Work Act 2009 (Cth) stops an employer taking adverse action against an employee or prospective employee because of their religion. It applies only where the action is also unlawful under an anti-discrimination law in force where it happened (s 351(2)(a)). In WA, the Equal Opportunity Act covers religious conviction, so the protection generally works for WA employees. The employer must prove religion was not a reason (s 361).

• The Equal Opportunity Act. Part IV of the Equal Opportunity Act 1984 (WA) prohibits discrimination in work on the ground of religious or political conviction, including against contractors and job applicants. It also prohibits victimisation for complaining (s 67).

• No Commonwealth Act. None of the four Commonwealth discrimination Acts covers religion. The Australian Human Rights Commission can inquire into and try to conciliate a complaint of religious discrimination in employment, but it cannot take it to court or order a remedy.

Indirect discrimination can apply too: a dress code, roster or break rule that falls harder on people of a particular faith, and is not reasonable in the circumstances, may be unlawful under the Equal Opportunity Act.

Both laws make room for religious bodies. Under the Fair Work Act, action against a staff member of an institution run according to the teachings of a particular religion or creed is not unlawful if it is taken in good faith to avoid injury to the religious susceptibilities of its adherents (s 351(2)(c)). The Equal Opportunity Act has exceptions for religious bodies (s 72) and for educational institutions established for religious purposes (s 73).

The exceptions are limited. Not every organisation with a religious connection can rely on them for every role, and the employer has to make the exception out.

• Fair Work Commission (general protections). If you were dismissed, lodge within 21 days. If you work for the WA public sector, a WA council or a business that is not a company, a dismissal can instead be the subject of an unlawful termination claim, also within 21 days.

• WA Equal Opportunity Commission. Lodge within 12 months of the conduct, or later if you show good cause. Damages at the State Administrative Tribunal are capped at $40,000.

In most cases you can use only one of these for the same conduct. Compare them on our page on where to make a discrimination complaint.