What is sex discrimination?
Understand the Sex Discrimination Act and your rights to gender equality, freedom from harassment, and protection against discrimination in work and public
Summary
Everyone has the right to be safe and free from discrimination.
The Sex Discrimination Act 1984 (Cth) promotes equality between men, women and gender diverse people.
Know your rights
The Sex Discrimination Act protects people from discrimination based on their:
- sex
- sexual orientation
- gender identity
- intersex status
- marital or relationship status
- pregnancy or potential pregnancy
- breastfeeding
- family responsibilities
The Act also makes sexual harassment, sexist harassment, behaviours that create a hostile workplace environment because of sex and victimisation against the law.
The Sex Discrimination Act protects you from discrimination in many areas of public life, including:
- work and superannuation
- education
- the provision of goods, services or facilities
- accommodation and housing
- buying or selling land
- clubs
- the administration of Commonwealth laws and programs.
Have you experienced discrimination?
If you believe you've experienced discrimination, you can make a complaint to the Commission. Someone can also make a complaint on your behalf.
Submit a concern to us
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Tell us about any concerns you have with an organisation or business not complying with the positive duty.
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The Commission inquires into and helps resolve complaints about discrimination and breaches of human rights.
Example of sex discrimination
Everyone has the right to be safe and free from discrimination.
When Rebecca* faced discrimination for being pregnant, she took a stand and advocated for a fair workplace.
Rebecca* worked for a real estate agency. After she told colleagues about her pregnancy, they made negative comments, including calling her "useless". She said the agency denied her request to work from home for part of the day which her doctor recommended, even though other staff were permitted to work from home.
Rebecca said the agency removed her from a work-related chat group and refused to attempt to resolve an underpayment concern.
*not their real name.
International laws
Australia has signed several international agreements and treaties that aim to achieve gender equality.
One treaty is the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
By signing this treaty, Australia committed itself to being a society that promotes policies, laws, organisations, structures and attitudes that ensure women are guaranteed the same rights as men.
About obligations to create safe and respectful workplaces (the positive duty)
Under the Sex Discrimination Act1984 (Cth) most organisations and businesses have a positive duty to eliminate, as far as possible, the following behaviour from occurring in a work context or in connection with work:
- sex discrimination
- sexual harassment
- sex-based harassment
- behaviours that create a hostile work environment on the ground of sex
- related acts of victimisation.
The Sex Discrimination Act requires most organisations and businesses to take reasonable steps to eliminate these unlawful behaviours as far as possible. The steps expected of each organisation and business will depend on things like their size and the resources available.
We have developed four Guiding Principles and seven Standards to help organisations and businesses work out what steps to take so that they can meet their legal obligations to create safe and respectful workplaces.
Learn more about positive duty and the responsibilities of employers.
