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Resolved complaint (25) about gender identity and sexual orientation discrimination in goods, services and facilities

Learn how a complaint (25): gender identity and sexual orientation discrimination in goods, services and facilities — resolved by conciliation.

Sex and gender Conciliation register entry

Summary

  • Year: 2021
  • Relevant Act: Sex Discrimination Act
  • Grounds: Gender identity; Intersex status; Sex; Sexual orientation
  • Area(s): Goods, services and facilities
  • Settlement terms:
    • Donation to charity
    • Revised terms and conditions
    • Material removed from website/other publication
    • Policy change/Change in practice

About the complaint

The complainant's sex assigned at birth was female but they identify as non-binary/gender-fluid and is attracted to women. The complainant wished to attend an event hosted by the respondent. The website stated that the dress code was formal and that women must wear a dress and men must wear pants. The complainant alleged the respondent declined their request to wear a shirt and pants.

The respondent denied discriminating against the complainant but indicated a willingness to participate in conciliation to try to resolve the complaint.

The complaint was resolved with an agreement that the respondent allow event participants to wear formal attire that reflects their gender identity and advise any participants who had made enquiries about the dress code of this change in policy. The respondent also undertook to remove statements about the requirement for women to wear dresses and men to wear pants from its website and to donate an amount equivalent to the cost of the complainant's ticket to an agreed charity.

Guidance on the use of these summaries

This is a summary of a selected complaint that has been resolved through our conciliation process. It's designed to help people better understand how complaints might be resolved and what outcomes are possible.

These summaries are for general guidance only and are not legal advice. If you need advice about your situation, you should seek independent legal support.

Please note:

  • all complaints are de-identified
  • complaints are resolved on a 'without admission of liability' basis
  • some content may include confronting or offensive language.

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