794.This paragraph allows an employer with an ethos based on religion or belief to discriminate in relation to work by applying a requirement to be of a particular religion or belief, but only if, having regard to that ethos:
	being of that religion or belief is a requirement for the work (this requirement must not be a sham or pretext); and
	applying the requirement is proportionate so as to achieve a legitimate aim.
795.It is for an employer to show that it has an ethos based on religion or belief by reference to such evidence as the organisation’s founding constitution.
Commentary on Sections Schedule 9: Work: exceptions Effect