In Australia, it is unlawful to discriminate on the basis of age, disability, race and sex. We have Commonwealth and State law here....Commonwealth is the prevailing authority.
Australia signed up into the United Nations Treaty of Human Rights where antidiscrimination is derived.
So therefore even if State law provided some reprieve for employers, a person could take the matter up with the Federal Court and sue under antidiscrimination legislation which is the prevailing law. As this is the overarching principle here, we would end up with non-stop cases along similar lines to the baker.
How does America deal with its separate states? Does it also have similar principles.
It sounds like it is similar, in terms of state and federal; if a state law is found to conflict with federal law or the Constitution the courts will invalidate the law or the conflicting portions of the law. As for discrimination, the US Civil Rights Act protects Race, Color, Religion, National Origin, Sex, Familial Status, and Disability. Additionally, Age, Pregnancy, Citizenship, Disability, and Veterans are protected by other non-discrimination laws.
A few states and several larger cities have added Sexual Orientation in their Civil Rights laws. The Religious Accommodation law I mentioned is a federal law.
You probably noticed above, the antidiscrimination law under the United Nations Treaty do not cover religion only race. So your laws are a bit more accomodating. I can't honestly say that I'm familiar with employment law here as I've not studied it.
I remembered reading this in the media's account of the case. I think it is a fair rule under the circumstances and requires some forward thinking on the part of the baker so they don't discriminate in the future.
Our equivalent are incorporated associations (sporting clubs and community organisations)... these are however "not for profit" organisations, even though they can acquire land, sue and be sued etc. A gym over here that makes a profit would be registered as a trading company.
We don't have private companies as you do.
As I'm guessing you know, we also have non-profit groups, just that a private company here can be for profit or non-profit. This is one of the areas where state laws vary widely -- most of these types of business laws are legislated at the state level. In fact, many large US corporations are incorporated in the small state of Delaware, regardless of where the company actually has their main offices, because they have favorable business laws.
I'm curious to know if Amercia had also signed the Treaty? and if so, do you have similar principles where it in fact might be an over arching principle to all other existing law. I wonder if it has ever been tested against the legislation that allows private companies ?
The US has signed the treaty and, after some of the recent racial issues in the US, apparently the Committee on the Elimination of Racial Discrimination has
issued a report stating the US is in violation of their obligations under the treaty.