Direct sex discrimination occurs when a person is treated less favourably because they are male or female, compared to another person of a different sex, in the same or similar circumstances.
Indirect sex discrimination is when a requirement, condition or practice that is the same for everyone has an unfair effect on someone because of their sex, and is unreasonable in the circumstances.
Where does the protection apply?
Under the Act it is unlawful to discriminate against a person because of their sex, in certain areas of public life, including:
Work
Education
Access to places and vehicles
Provision of goods, services and facilities
Accommodation
Disposal of land or estate
Clubs
Application forms
Advertisements
Insurance – in some instances
Sport – in some instances.
Responsibilities
Organisations must ensure they provide a working environment and services that are free from sex discrimination, and they must take all reasonable steps to prevent it from happening or they may be held responsible for their employees’ actions.
For the purposes of the Act, a person who causes, instructs, persuades, aids, or permits another person to engage in unlawful conduct is taken to have engaged in that conduct themselves.
Making a Complaint
A person who believes they have been discriminated against because of their sex, can lodge a complaint with the Commissioner. The onus of proof lies with the person making the complaint.
Complaints must be submitted in writing, but you are not required to use English. You may write your complaint in the language you feel most comfortable using.
The incident or incidents referred to in the complaint must have occurred within the 12 months prior to the date the complaint is lodged.
In some circumstances, the Commissioner may determine that there is good reason — or good cause — to include incidents that occurred more than 12 months before the complaint was submitted.
Exceptions
There are some instances where it is not unlawful to discriminate against a person because of their sex and these exceptions include:
Measures intended to create equality or meet special needs
Domestic workers in private households
Genuine occupational qualification
Competitive sport where strength, stamina or physique is relevant
Single sex accommodation, clubs or services
Residential care of children
Insurance, where based on reasonable data and statistical evidence
Application forms requesting information about a sex-based medical condition
Accommodation in private households
Accommodation provided by religious, charitable or voluntary bodies
Disposal of land or estate by will or gift
The provision of charitable benefits
Admission as a member of a voluntary organisation
Establishments providing accommodation for aged people
Employment, education or training at a religious educational institution
The ordination of priests or ministers of religion
If an individual or organisation relies upon an exception under the Act when a complaint is made against them, they must justify the use of that exception to the Commissioner for Equal Opportunity.
Examples of Sex Discrimination
A man complained he was discriminated against at a nightclub because men were charged an entry fee while women were allowed in free.
A woman applied for a position at a factory but was told that all staff in the factory were males and all facilities were for males only. She was told it would be useless for her to apply for the job because she was a female.
An offer of employment to a male midwife was withdrawn after female midwives refused to accept a man into their work area.
A female parking inspector was subjected to gender-based comments by her colleagues and supervisor, and her employer took no steps to resolve the issue.
A young man applied for a job as a supermarket checkout operator and was told it was a job for a woman.
A young woman was refused a mechanical fitter’s apprenticeship because it was assumed she wouldn’t be able to do the heavy mechanical work.
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