|
| skip top menu | home | contacts | site information | site map |
SEXUALITY
What is sexuality based discrimination?It happens when someone is treated unfairly compared with others, because of their sexual preference, or their lawful sexual activity. It can also occur because someone makes assumptions about someone else's sexual activity. Under the Queensland Anti-Discrimination Act 1991 (the Act), it can be unlawful to do this. Under federal legislation, it can also be unlawful. The Act says it is against the law to treat people unfairly because of their lawful sexual activity, whether they are gay, lesbian, heterosexual or bisexual. While the law does protect transgenders in terms of their lawful sexual activity, there is no specific protection based on gender identity, but this is a complex area, and you might want to contact the Commission for more detail. The law also protects sex workers working lawfully. This sort of unfair treatment can include for example, a lesbian couple being refused a motel room for the night because the manager said he didn't "want your sort here", a gay man not being promoted at work because others wouldn't feel "comfortable" working with him as a boss, or a boss sacking a female staff member because she has ended their sexual relationship.
When is it against the law?It's against the law when people:
When is it not against the law?The law allows for some exemptions, or exceptions to the rule. This means that while some action might seem unfair, it's not a breach of the Act. An example of this might be advertising to employ a gay male in a job involving counselling other gay males. While this might seem to discriminate against heterosexuals, it could be argued that a person doing this sort of work must be gay themselves, and therefore advertising for their employment is not discriminatory.
What can I do?You have a few options here. One is to deal with the unfair treatment yourself. Sometimes, by just talking to the other person, issues can be resolved quickly and informally. Another option is to lodge a complaint at your workplace, if that's where the discrimination happened. You could also talk to your manager, union rep, contact officer or someone else at work who can give you information. A third choice is to lodge a complaint with this Commission. If you want to do this, it's a good idea to ring our enquiries section first, and talk to one of our staff about your situation. They can give you information, and some idea about whether your case is covered by our legislation. They can also let you know how complaints are dealt with.
How do I make a complaint?If you want to make a complaint with us, you can get a form from our website on www.adcq.qld.gov.au, we can post one out, or you could just write a letter to us. The complaint needs to include information about:
The complaint needs to be lodged with us within a year of the discrimination happening. Keep in mind that you might want to get information from other people such as a legal person, and that while our service is free, others might charge for theirs.
What happens then?Once we receive the complaint, it's assessed to see whether it falls under the Act, and if it does, a complaint handler will deal with it. The Commission doesn't take sides, or make decisions on behalf of people - our role is to help resolve the complaint. Often this involves some investigation, followed by a conciliation meeting of the people involved. If the issues are settled at this stage, the complaint is closed. If not, the complaint might be referred to the Queensland Anti-Discrimination Tribunal, where a member will hear and consider the evidence presented, and will then make a decision.
What about the employer?Under the Act, the employer can be held responsible for discrimination done by their employees. This is called vicarious liability. Employers have a responsibility to make the workplace a safe and nondiscriminatory place for their workers. Complaints can be made against both individuals and the company or organisation involved. The Act also says that employers who are named in a complaint can argue that they took reasonable steps to prevent this sort of behaviour. Some of these steps include preparing policies on discrimination (and sexual harassment, and racial and religious vilification), keeping employees informed about the policies and about the legislation, and providing a process for complaints to be handled within the organisation.
What else do I need to know?If you want to organise a training session at your workplace,
contact the Commission. We run sessions about the Act generally,
or we can focus on particular sections.
These are available from any office, or you could use the website. The library in Brisbane is open to the public on Thursdays between 9.00 and 5.00, and regional offices also have resources. If you want to check the federal legislation on sexuality, call the Human Rights and Equal Opportunity Commission on 1300 656 419.
This information is intended as a guide only. It is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or Teletypewriter 1300 130 680 statewide. |
|
|
