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Can I restrict hiring based on sporting team?

26 May 2017

Hi Harry, I’m a Collingwood supporter and refuse to employ anyone that barracks for Carlton. I’m allowed to do this correct? 

Harry understands your pain and there are supporters of various sporting teams I would loathe to have in our business as well especially those cocky Bulldog supporters who are swanning about the place at the moment like they own it ……

So although I sympathize with you as a devotee of the Mighty Pies the umpires of this world take a dim view of employers discriminating in the workplace and will have you reported as quick as you can shout BaaarrrrLLLLLLLLLL !!!!!!!!!!

So to avoid the risk of having you punted all the way to the tribunal, Harry will give you the rules of the game !!!

The Fair Work Act was set up in 2009 to determine what is unlawful workplace discrimination with the Fair work Ombudsman given powers to investigate employers who breach the act.
The act states that you cannot as an employer take adverse action against an employee or potential on the grounds of the Race, Colour, Sex, Sexual Preference, Age, Physical or Mental Disability, Marital status, Family or Carer’s responsibilities, Pregnancy, Religion, Political Opinion, National Extraction or Social Origin.

So in your case the adverse action of not employing prospective employees that favour your football team would be deemed to be unlawful and therefore discriminatory for social origins.

I trust this helps you in your search for the perfect employee.

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