For example, a landlord refuses to rent to a couple because they are not married.
What is relationship status discrimination?
Relationship status discrimination happens when someone is treated unfairly because of their relationship status.
The law protects all types of relationships, including whether a person is:
- single
- married
- in a de facto relationship (living together for a certain period without being married)
- in a civil partnership
- separated
- divorced
- widowed.
Relationships status discrimination is unlawful whether or not:
- the assumptions the person made about your relationship status 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 on the basis of relationship status may be direct or indirect.
Direct discrimination happens when a person is treated worse than others because of their relationship status.
Indirect discrimination happens when a rule, policy, or practice is difficult – or impossible – to comply with because of a person’s relationship status, unless it is reasonable in the circumstances.
For example, a bank will not lend money to someone who has not lived at the same address for a period of time. A recently divorced, separated or widowed person might not be able to comply with this term, even though they meet the financial criteria to service the loan.
When discrimination may be lawful (Exemptions)
There are some circumstances when discrimination on the basis of relationship status is allowed. These are called ‘exemptions’.
Exemptions apply only in limited situations and only when they are reasonable.
Shared accommodation
An employer may recruit a married, de facto or civil partner couple where the work is for 2 positions and the workers are required to live in accommodation supplied by the employer.
For example, an employer advertising for a couple to manage a country hotel where they need to live in accommodation supplied with the job.
Welfare measures
Programs designed to support people in particular relationship situations – such as support groups for people who are separated – may be lawful.
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.