Most Australians do not realise that carve-outs exist in the Sex Discrimination Act or that in the present day, women are still losing their jobs for getting divorced.
Tue 20 Oct 2026 16.05 AEDT
Photo: AAP Image/Julian Smith
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For decades, academics and policymakers have focused on individual responsibility for improving material conditions. The social security system has intentionally been designed to reflect the manufactured view that if you’re in poverty, it’s your own fault, and if you remain there, it’s because you’re not trying hard enough to get out.
Faced with a choice between saving the planet from climate change and saving some jobs in the gas and coal industries, successive governments have told us that jobs must come first. And then along comes so-called ‘artificial intelligence’ (AI).
Can you be fired for getting divorced in Australia?
In short, yes.
Australia’s federal Sex Discrimination Act is supposed to prevent discrimination and unfair treatment based on a range of attributes such as sexual orientation, gender identity and relationship status. However, some employers are exempt. An exemption means that some employers do not have to play by the same rules as everyone else.
Carve-outs exist for religious organisations like private schools, churches, and community services, so that they can hire, fire, promote and expel people in accordance with their religious sensibilities, rather than the genuine requirements of the job. These carve-outs disproportionately impact women and gender-diverse people.
Most Australians do not realise that these carve-outs exist or that in the present day, women are still losing their jobs for getting divorced.
So, what is the point of our Sex Discrimination Act if it cannot protect women from losing their jobs?
Some states and territories prohibit discrimination in religious settings, but the laws are inconsistent, and there are no federal protections. In some parts of the country, like NSW, there are no protections at all.
Before the 2022 election, Anthony Albanese committed to reforming anti-discrimination legislation to protect students and staff in religious schools. In 2024, the Australian Law Reform Commission recommended repealing Section 38 of the Sex Discrimination Act to stop religious schools from expelling students or sacking staff for being gay, transgender, or in de facto relationships, while allowing a narrow exemption under the Fair Work Act for schools to preference staff of the same faith. Albanese has since said that his government will not pursue reforms without the support of the Coalition, despite loud, vocal support from the crossbench.
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Given the Labor Government’s ambitions in relation to gender equality, and the important reforms they have already made since coming to power in 2022, it seems reasonable and fair to expect that they would have an appetite to ensure women are not treated differently by different employers and that they are not being fired for getting divorced or pregnant.
This week, Allegra Spender introduced a Private Member’s Bill to reform the religious exemptions in the Sex Discrimination Act and prevent religious schools from expelling or firing members of the school community because of who they are. Spender’s Bill would still allow religious schools to hire and promote people based on their faith but would offer stronger protections for staff once hired. It would also protect students from expulsion.
Most people who work in religious schools are women. Almost three in four staff in independent schools are women. In Catholic schools, the number of women is even higher.
At a time when the Government is investing significant energy in ending gender-based violence, it seems counter-intuitive to uphold rules that could economically punish women for leaving violent relationships. It should absolutely go without saying that no woman should have to choose between staying in violence or losing her job.
Australians do not expect that workers could be fired for their personal decisions or circumstances. Australians do not expect different employers can play by different rules.
Dr Gemma Killen is the Executive Director of the Working with Women Alliance.
The Working with Women Alliance is funded by the Commonwealth Office for Women to provide evidence-based, intersectional advice and civil society expertise on gender equality and women’s safety.
