Sex Discrimination
Definition
Sex discrimination occurs when someone is treated less favourably, or not given the same opportunities as a person of a different sex, because of their sex.
It also occurs when a rule or policy applies to everyone but disadvantages a person based on his or her sex and the policy is not reasonable.
For example: A female employee claimed she was paid less than male colleagues in equivalent roles because she was female. She also claimed she was offered less promotional, training and professional development opportunities than her male colleagues because she was female. This could be sex discrimination.
Legal Protection
The Sex Discrimination Act protects people against discrimination in many areas of public life including:
- employment
- education
- getting or using services
- renting or buying a house or unit.
There are some limited exemptions.
The Act makes it unlawful to discriminate against a person on the basis of:
- gender identity
- intersex status
- sexual orientation
- marital or relationship status
- family responsibilities
- pregnancy or potential pregnancy
- or breastfeeding.
It also prohibits sexual harassment in many areas of public life including all work-related activity.
In addition, the Act allows special measures, or ‘positive discrimination’ for the purpose of improving equality of opportunity for people based on their sex.
Employer's Obligations
The Positive Duty imposes a legal obligation on organisations and businesses to take proactive and meaningful action to prevent sexual harassment, sex discrimination and other relevant unlawful conduct, in the workplace or in connection to work. Taking preventative action will help to create safe, respectful and inclusive workplaces. The Positive Duty requires organisations and businesses to actively prevent workplace sexual harassment, sex discrimination and other relevant unlawful conduct, rather than responding only after it occurs.
- Read Respect@Work, the 2020 Sexual Harassment National Inquiry Report
- View A Toolkit of Strategies for women in male dominated industries
- Review a Quick Guide to Discrimination Laws