For example, a well-qualified woman not being considered for a promotion to manager because her employer thinks she will miss too much work caring for her kids.
What is parental status discrimination?
Discrimination on the basis of parental status happens when someone is treated unfairly because of their parental status.
Parental status means whether someone:
- is a parent, or
- is not a parent (it includes the status of not having children).
This includes:
- birth parents
- step parents
- adoptive parents
- foster parents
- guardians.
Discrimination on the basis of parental status is unlawful whether or not:
- the assumptions the person made about your parental status are 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 can be direct or indirect
Direct discrimination happens when a person is treated worse than others because of their parental status.
Indirect discrimination happens when a rule, policy, or practice is difficult – or impossible – to comply with because of a person's parental status, unless it is reasonable in the circumstances.
It is also unlawful to discriminate against someone because of their connection with a person with a particular parental status. This includes discrimination based on their relationship or association with someone who is or is not a parent, such as a:
- friend
- partner or family member
- co-worker.
When discrimination may be lawful (Exemptions)
There are some circumstances when discrimination on the basis of parental status is allowed. These are called ‘exemptions’.
Exemptions apply only in limited situations and only when they are reasonable.
Examples include:
Welfare measures
Programs designed to benefit people with a particular parental status may be lawful if its purpose is not inconsistent with the Anti-Discrimination Act.
For example, a training course or some other form of support for unemployed parents only, not all unemployed people.
What you can do
If you believe you have been discriminated against because of your relationship status, you can make a complaint to the Queensland Human Rights Commission.