For example, a woman is not successful in getting a new job in leadership because the employer prefers to work with men.
What is sex discrimination?
Sex discrimination happens when someone is treated unfairly because of their sex.
Sex discrimination is unlawful whether or not:
- the assumptions the person made about your sex 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.
Sex discrimination can be direct or indirect.
Direct discrimination happens when a person is treated worse than others because of their sex.
Indirect discrimination happens when a rule, policy, or practice is difficult – or impossible – to comply with because of a person's sex, unless it is reasonable in the circumstances.
For example, a workplace requires all employees to work full-time hours on-site, even though the duties could be performed flexibly. This disadvantages women, who are statistically more likely to have caring responsibilities.
- It is also unlawful to discriminate against someone because of their connection with a person of a particular sex. This includes discrimination based on their relationship or association with someone of a particular sex, such as a:
- friend
- family member
- co-worker.
- friend
When discrimination may be lawful (Exemptions)
There are some circumstances when discrimination on the basis of sex is allowed. These are called ‘exemptions’.
Exemptions apply only in limited situations and only when they are reasonable.
Examples include:
Genuine occupational requirements
It may be lawful to discriminate on the basis of sex in a work context if there is a ‘genuine occupational requirement’ that the person be a particular sex.
For example, considering only women applicants for a position which will involve body searches of women
Work in a person’s home
It may be lawful to discriminate on the basis of sex when employing someone to work in your home to do domestic work or look after your children.
Shared accommodation
It may be lawful for you to discriminate on the basis of sex when deciding who to rent part of your home to (as long as there are no more than 3 people renting).
Single sex schools
It may be lawful for a school to only permit students to enrol if they are a particular sex.
For example, an all-boys school can refuse to enrol girls.
Competitive sporting activities
For people over the age of 12, participation in competitive sports can be restricted to males or females if this is reasonable considering the strength, stamina, or physique requirements of the sport.
Single-sex accommodation
It may be lawful for an employer to discriminate on the basis of sex where the position requires the employee to be accommodated, and the accommodation is only suitable for people of one sex.
Religious bodies
A religious body may discriminate on the basis of sex (except in relation to work or school) provided the discrimination is in accordance with the doctrine of the religion and is necessary to avoid offending the religious sensitivities of people of the religion.
Sites of cultural or religious significance
Access to land or building of cultural or religious significance can be restricted on the basis of sex provided the restriction is in accordance with the doctrine of the religion concerned and is necessary to avoid offending the cultural or religious sensitivities of people of the culture or religion.
Equal opportunity or welfare measures
Programs designed to promote equal access or reduce disadvantage for a particular sex may be lawful.
For example, a leadership program aimed at increasing women’s participation in a male-dominated industry.
What you can do
If you believe you have been discriminated against because of your sex, you can make a complaint to the Queensland Human Rights Commission.
Related protections
Sexual harassment is also unlawful.
It includes unwelcome sexual comments, gestures, attention, or physical contact.
Sexual harassment does not need to be repeated to be unlawful.
Sex characteristics is another protected attribute. Sex characteristics refers to a person’s physical features and sexual development related to their sex. This includes things like genitalia, reproductive organs, chromosomes, hormones and secondary physical features that emerge after puberty.
Sexuality is another protected attribute. Discrimination happens when someone is treated unfairly because of their actual or perceived sexual orientation.
Gender identity is another protected attribute. Gender identity means a person’s internal and individual experience of gender, whether or not it matches the sex they were given at birth.
It includes a person’s sense of their body, any bodily changes they freely choose (medical, surgical or other), and how they express their gender through name, dress, speech behaviour or other expressions.