For example, a well-qualified and experienced gay man does not receive a promotion at work because others might feel uncomfortable having a gay man as a boss.
What is sexuality?
Under the Anti-Discrimination Act, sexuality means:
- heterosexuality
- homosexuality, or
- bisexuality.
What is discrimination on the basis of sexuality?
Sexuality discrimination happens when someone is treated unfairly because of their actual or perceived sexual orientation.
Sexuality discrimination is unlawful whether or not:
- the assumptions the person made about your sexuality 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.
Sexuality discrimination may be direct or indirect.
Direct discrimination happens when a person is treated worse than others because of their sexuality.
Indirect discrimination happens when a rule, policy, or practice is difficult – or impossible – to comply with because of a person's sexuality, unless it is reasonable in the circumstances.
For example, a gay student is required to attend classes where the teacher continually maintains that only heterosexual relationships are natural and that homosexuality is perverted.
It is also unlawful to discriminate against someone because of their connection with a person of a particular sexuality. This includes discrimination based on their relationship or association with someone of a particular sexuality, such as a:
- friend
- family member
- co-worker.
For example, a man out for a meal with his sister and her wife is refused service at the bar and told by the barman that the venue ‘doesn’t like people like that coming in here’, indicating the man’s sister and her wife.
When discrimination may be lawful (Exemptions)
There are some circumstances when discrimination on the basis of sexuality may be allowed. These are called ‘exemptions’.
Exemptions apply only in limited situations and only when they are reasonable.
Examples include:
Equal opportunity and welfare measures
Programs designed to promote equal access or reduce disadvantage for persons who are of a particular sexuality may be lawful.
What is vilification on the basis of sexuality?
Vilification on the basis of sexuality is unlawful in Queensland.
Vilification happens when a person does a public act that incites hatred, serious contempt, or severe ridicule of a person or group because of their sexuality.
Serious vilification is when someone additionally threatens physical harm to a person or their property or incites others to threaten physical harm to a person or their property. Serious vilification is a criminal offence.
What you can do
If you believe you have been discriminated against because of your sexuality, or vilified, you can make a complaint to the Queensland Human Rights Commission.