Information Sheet
Complaints under the Sex Discrimination Act
What does the Sex Discrimination Act do?
The Sex Discrimination Act 1984 (the
SDA) makes it against the law to treat you unfairly because of your sex, marital
status or because you are pregnant or might become pregnant.
The SDA makes sexual harassment against the
law.
It is also unlawful to dismiss a person
from employment because of their family responsibilities.
The SDA applies across Australia. There are
also anti-discrimination laws in all states and territories.
When can the law be used?
You can use the SDA to get fair treatment in:
- Employment - getting a job, equal pay, training, promotion, fair conditions of employment, being dismissed
- Education - at school, TAFE, private training providers and at universities
- Accommodation and housing - renting or buying a house or flat
- Goods and services - when buying something, applying for a loan or credit, seeking assistance from government departments, lawyers, doctors and hospitals or going to restaurants, shops or entertainment venues.
What is sex discrimination?
The SDA covers direct and
indirect discrimination.
Direct sex
discrimination happens when a man or a woman is treated less favourably than a
person of the opposite sex in the same or similar circumstances. For instance,
it would be direct sex discrimination if a company paid men more than women who
are doing the same work. It would also be sex discrimination if a bank refused
to approve a loan because the person applying for it was a
woman.
Discrimination can happen when there is
a rule or policy that is the same for everyone but has an unfair effect on a
particular group of people. This is known as indirect discrimination. For
example, a policy that says only full-time workers will be promoted might
disadvantage women, as they are more likely to work part-time because of caring
responsibilities.
What is sexual harassment?
Sexual harassment is any unwanted or unwelcome sexual behaviour. It has nothing to do with mutual attraction or friendship. Examples include:
- unwelcome physical touching
- staring or leering
- suggestive comments or jokes
- unwanted requests to go out on dates
- requests for sex
- intrusive questions about your private life or body
- displaying posters, magazines or screen savers of a sexual nature
- emailing pornography or rude jokes
Everyone has the right to be safe and free from harassment while at work. The SDA also covers you if you are sexually harassed when you are purchasing a good or a service or when you are studying at school, TAFE or university.
What is pregnancy discrimination?
Dircet pregnancy discrimination
occurs when a woman is treated less favourably than another person simply
because she is pregnant or because she may become pregnant.
Indirect pregnancy discrimination occurs when
there is a requirement or practice that disadvantages pregnant women.
Pregnancy discrimination can occur if you are
treated in any of the following ways because you are pregnant or might become
pregnant:
- refusing to employ you or promote you
- dismissing or retrenching you
- excluding you from a training course
- reducing your hours of work
- transferring you to another position when there are no valid safety or medical reasons for this
- demoting you or reducing your seniority
- refusing you accommodation or goods or services
- excluding you from an educational institution
What can I do if someone discriminates against me or sexually harasses me?
You may want to deal with the
harassment or discrimination yourself by raising it directly with the people
concerned. If this does not resolve the situation, you or someone else on your
behalf – such as a solicitor or trade union – can make a complaint
to the Human Rights and Equal Opportunity Commission.
It does not cost anything to make a complaint
to the HREOC.
Your complaint needs to be put
in writing. If you are not able to put your complaint in writing, we can help
you with this. HREOC also has a complaint form to help you make a complaint, or
you can lodge a complaint through our website.
The complaint should say what happened, when
and where it happened and who was involved.
A
complaint can be made in any language. HREOC can arrange an interpreter in your
language if this is needed.
What will happen to your complaint?
HREOC has to
decide if your complaint is covered by the SDA. If it is, we will investigate
the complaint. If we can not deal with your complaint we will write to you and
explain why.
Investigating your complaint may
include phoning or writing to the other people involved to get their side of the
story. HREOC does not take sides. We work with all the parties to try and find a
solution that everyone can agree with. This is called
conciliation.
If conciliation does not work,
you can choose to take your complaint to the Federal Court or the Federal
Magistrates Service.
Where can I find out more?
If you want more information about the Sex Discrimination Act 1986 or the complaint handling process you can contact the Commission.
HREOC's contact details:
Post:
Human Rights
and Equal Opportunity Commission
GPO
Box 5218
Sydney NSW 2001
Telephone:
Complaints Info
line: 1300 656 419 (local call)
TTY: 1800 620 241 (toll free)
Fax: (02) 9284 9611
Online:
E-mail: complaintsinfo@humanrights.gov.au
Web site: www.humanrights.gov.au
If you are deaf or hearing impaired, the Commission can arrange for an Auslan interpreter if this is needed. You can also communicate with us by TTY by calling 1800 620 241.
If you are blind or visually impaired the Commission can provide information in alternative formats on request.
If you are thinking about making a complaint, you might also want to consider obtaining legal advice or contacting your trade union. There are community legal services that can provide free advice about discrimination and harassment.
Disclaimer: The information on this
fact sheet is intended only as a guide. It is not a substitute for legal
advice.
