Sex work activity

The information on this page is about the protections that apply to discrimination on the basis of sex work activity occurring on or after 2 August 2024.

If you are making a complaint about discrimination that occurred before 2 August 2024, different protections may apply. You can read more below or contact us.

What is sex work activity?

Sex work activity means providing sexual services or being a person who provides or used to provide sexual services.

It covers a broad range of paid sexual services, including but not limited to:

in-person sex workers (private operators, sex workers in co-operatives/collectives, street-based sex workers, escort agency or massage parlour-based sex workers)
adult film or photography industry workers (porn actors, erotic magazine models)
online content creators (web-cam models, people who create subscription-based adult content)
adult entertainment workers (strippers, nude wait-staff).

What is discrimination based on sex work activity?

Discrimination on the basis of sex work activity happens when someone is treated unfairly because they engage in sex work or are assumed to be a sex worker.

Discrimination on the basis of sex work activity is unlawful whether or not:

the assumptions the person made about your involvement in sex work activities 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 of someone’s involvement in sex work can be direct or indirect.

Direct discrimination happens when a person is treated worse than others because of their involvement in sex work activity.

For example, a bank manager refusing a loan to a sex worker to buy a property, even though they met the financial and other criteria for the loan.

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

It is also unlawful to discriminate against someone because of their connection with a person who engages in sex work activities. This includes discrimination based on their relationship or association with someone who engages in sex work activity, such as a:

friend
family member
co-worker.

For example, a school refusing to enrol a child because the child's mother works as an actor in pornographic films.

Learn more about association discrimination.

When and where it’s unlawful discrimination

It is unlawful to discriminate against someone based on their sex work activity in relevant areas of public life. These include:

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 involvement in sex work activity.
In the provision of superannuation and insurance.
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 involvement in sex-work activity.
In clubs: membership, benefits, and participation must not be restricted based on their involvement in sex work activity.
In state government administration: in the administration of state government programs.

There may be circumstances where a valid exemption applies (see below).

Examples of sex work discrimination

These examples help show how discrimination of sex work can occur:

A sex worker visits a GP to get help with a medical condition. The doctor attributes their health issues to being STI-related despite never testing positive for any STI. After their appointment, their doctor cancels the follow up appointment.
A sex worker attempts to report a sexual assault at a police station. The police officer says that it was not assault because they were working at the time in a brothel.
A private sex worker books a hotel room but is later charged additional fees due to being a sex worker and is asked to never return to the hotel.
A person who works in a strip club as a dancer is looking for a rental apartment. The real estate agent rejects their application, saying the owner doesn’t want 'people like you' in their property.
A long-term customer at a large bank with a number of accounts, both personal and business, has their accounts shut down after disclosing they work as a sex worker.
A sex worker contacts a website to advertise sex work services and is charged significantly more than other advertisers who are promoting their small businesses.
A sex worker with a job in a retail store gets fired after their employer learns they also work as a web-cam model.

When discrimination may be lawful (Exemptions)

There are some circumstances when discrimination on the basis of sex work activity is allowed. These are called ‘exemptions’.

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

Learn more about exemptions.

Discrimination prior to 2 August 2024

If the discrimination you experienced occurred prior to 2 August 2024, you will only be protected if the discrimination was on the basis of your involvement in ‘lawful sexual activity’.

Generally speaking, prior to 2 August 2024, sex work was ‘lawful’ if you:

worked as a sole operator visiting clients, or worked out of your own home, and didn’t work with or employ any staff, except for licensed security guards, or

worked in a licensed brothel.

What you can do

If you believe you have been discriminated against because of your sex work activity (or if the treatment occurred before 2 August 2024, because of your lawful sexual activity), you can make a complaint to the Queensland Human Rights Commission.