Family responsibilities

What is meant by family responsibilities?

Family responsibilities refers to your responsibility to care for or support:

a dependent child, or
another member of your immediate family.

Immediate family includes:

a spouse or former spouse (including a de facto partner or civil partner)
a child (including stepchild, adopted child, or past or present foster child)
a parent, grandparent, grandchild, or sibling
a parent, grandparent, grandchild, or sibling of your spouse or former spouse

What is discrimination based on family responsibilities?

Discrimination on the basis of family responsibilities happens when someone is treated unfairly because of their family responsibilities.

Discrimination on the basis of family responsibilities is unlawful whether or not:

the assumptions they made about your family responsibilities were correct
the person who discriminated against you didn’t mean to discriminate or didn’t think they were discriminating against you.

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

Discrimination based on family responsibilities can be direct or indirect.

Direct discrimination happens when someone is treated worse than others because of their family responsibilities.

For example, a worker is refused a promotion because they take carer’s leave to look after a parent.

Indirect discrimination happens when a rule, policy, or practice is difficult – or impossible – to comply with because of the person’s family responsibilities, unless it is reasonable in the circumstances.

For example, a student at a high school cares for his father who has a mental health condition. His father had a crisis, resulting in the student being unable to attend school to sit for an exam. The school says it only permits students to sit exams at later dates if they have a valid medical certificate.

It is also unlawful to discriminate against someone because of their connection with a person with family responsibilities. This includes discrimination based on their relationship or association with someone with family responsibilities, such as a:

friend
family member
co-worker.

For example, a person is refused holiday accommodation because a friend travelling with them has a young child.

Learn more about association discrimination.

When and wher family responsibilities discrimination is unlawful

Family responsibilities discrimination is unlawful in most 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 because of their family responsibilities.

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

In goods and services: shops, cafés, banks, loans, government or other services must treat people fairly regardless of family responsibilities.

In club membership and affairs: membership, benefits, and participation must not exclude based on family responsibilities.

In state government administration: government agencies must not discriminate when providing services or public programs.

Examples of family responsibilities discrimination

Some examples include:

A worker on a 12-month contract who always received excellent performance reports took a few days carer’s leave to care for their dependent child. On return, they were given a poor performance review and told their contract would not be renewed.

A factory supervisor left work in an emergency to take his sick daughter to hospital and was later dismissed because of this absence.

A property owner refused to rent to someone because they have young children.

When discrimination may be lawful (Exemptions)

There are some circumstances when discrimination on the basis of family responsibilities is allowed. These are called ‘exemptions’.

Exemptions apply only in limited situations and only when they are reasonable.

Examples include:

Genuine occupational requirement

It may be lawful to discriminate on the basis of family responsibilities in a work context if there is a ‘genuine occupational requirement’. For example, if the job has essential requirements that cannot be adjusted to suit a person with certain family responsibilities.

However, any decision about recruitment to a position must be based on the actual requirements of the job, not assumptions about people with family responsibilities.

Welfare measures

Programs, services, or concessions to assist people with family responsibilities are lawful.

For example, providing subsidised accommodation for vulnerable teenagers with babies.

Learn more about exemptions.

What you can do

If you believe you’ve been discriminated against because of your family responsibilities, you can contact the Queensland Human Rights Commission for free and confidential information.