Association discrimination

What is discrimination based on association?

Association discrimination happens when a person is treated unfairly because of their association with or relation to someone who has a protected attribute. This includes, for example, discrimination based on a person’s relationship or association with a:

friend
family member
co-worker.

The protected attributes include:

Association discrimination is unlawful whether or not:

the assumptions made about the connected person’s attribute were correct (for example, if a person discriminated against you on the basis they thought your partner was pregnant, even if they were wrong)
the person who discriminated didn’t mean to discriminate or didn’t think they were discriminating.

The motive for the discrimination doesn’t matter – what matters is the effect of the behaviour.

Where association discrimination is unlawful

Discrimination on the basis of connection to a person with an attribute is unlawful in many areas of public life, including:

At work: including in relation to recruitment, job offers, training, promotion, conditions, and dismissal.
In education: schools, universities, TAFE and other training providers cannot refuse enrolment or treat students differently on the basis of their association with or connection to a person with a protected attribute.

In the provision of superannuation and insurance.

In accommodation: including when renting, applying for housing, or using short-term accommodation.

In goods and services: including shops, cafés, banks, loans, government or other services.

In club membership and affairs: membership, benefits, and participation must not be restricted based on a person’s association with or connection to a person with a protected attribute.

In state government administration: in the administration of state government programs.

Unless a valid exemption applies.

Learn more about exemptions.

Examples of association discrimination

Nightclub entry
A man of African descent and his non-African partner are refused entry. Staff say they do not allow African people in the club, ‘including anyone with them’. The man has been discriminated against because of his race, and his partner has been discriminated against because of her association with a person with a protected attribute (race).

Refusal of service
A woman and her friend, who uses a guide dog, visit a café. Staff refuse to seat them because of the guide dog. The friend with disability is discriminated against, and her friend is discriminated against because of her association with a person with a protected attribute (impairment/disability).

Dismissal at work
An employee is dismissed after the employer learns he is HIV-positive. His partner, who works at the same restaurant, is also dismissed as well because of her association with him.

Access to childcare
A child is refused enrolment at a childcare centre because their mother is a sex worker. The decision discriminates against the mother on the basis of her involvement in sex work activity, and the child because of their relation to their mother.

What you can do

If you believe you have been discriminated against because of your connection to a person based on any of the attributes protected by Queensland’s Anti-Discrimination Act, you can make a complaint to the Queensland Human Rights Commission.