What is discrimination in goods and services?
Discrimination occurs when someone is treated unfairly because of a protected attribute, for example, their age, sex, race, impairment, religion, pregnancy, parental status, or sexual orientation.
The Anti-Discrimination Act prohibits discrimination in the provision of goods and services.
Goods and services include:
- access to and use of any place, vehicle or facilities that members of the public are permitted to use
- transport and travel services
- professional, trade and business services (plumbing, medical, legal, mechanical etc)
- banking, finance and credit services
- public and local government services
- hospitality and the supply of refreshments (hotels, cafes, restaurants etc)
- health and community services
- recreation (entertainment, sports, tourism, arts etc); and
- retail and wholesale.
Discrimination is prohibited in all aspects of the provision of goods and services, including:
- how a person is treated when supplying goods or services (for example, refusing to serve an Aboriginal or Torres Strait Islander person in a hotel)
- the way in which the goods or services are supplied (for example, charging women more than men for the same garage services)
- the terms on which the goods or services are supplied (for example, requiring a young person to leave a bigger deposit on hire items such as sailboards than older people).
The Anti-Discrimination Act also prohibits sexual harassment, vilification and victimisation, and other objectionable conduct in the provision of goods and services.
Rights and responsibilities for users of goods and services
Everyone has the right to access goods and services without discrimination, sexual harassment, or vilification.
Responsibilities for providers of goods and services
All workers in the goods and services sector have the right to work in an environment free from unlawful discrimination, sexual harassment and vilification.
The legislation establishes a legal responsibility for providers of goods and services to do so without discrimination, sexual harassment and vilification. All providers must take reasonable steps to prevent this type of conduct. The implementation of specific policies can help to minimise the scope and impact of discriminatory attitudes and practices and to reduce legal liability.
When discrimination may be lawful (Exemptions)
There are some additional circumstances when discrimination in the provision of goods and services may be allowed. These are called ‘exemptions’.
Exemptions apply only in limited situations and only when they are reasonable.
Examples include:
Welfare measures
A person may do something for the exclusive benefit of members of a group of people with a protected attribute, if the purpose is not inconsistent with the Act.
Example: a bus operator can give priority in seating to people who are pregnant or frail.
For example, a bus operator can give priority in seating to people who are pregnant or frail.
Public health
A person may discriminate if it is reasonably necessary to protect public health.
For example, a childcare may temporarily exclude a child with a contagious illness.
Unjustifiable hardship
The Anti-Discrimination Act requires that special services or facilities (also called reasonable accommodations or reasonable adjustments) be provided to people with disability (impairment). Where special services or facilities are not provided, this may be indirect discrimination.
However, a provider of good and services is not obligated to provide special services or facilities where this would impose an unjustifiable hardship on them.
Whether supplying special services or facilities imposes an unjustifiable hardship depends on:
- the type of service or facility being requested
- the cost of providing this
- the number of people who would benefit or be disadvantaged by it
- the disruption that might be caused by providing the service or facility; and
- the type of benefit or detriment to everyone concerned.
Sites of cultural and religious significance
Religious and cultural bodies may discriminate on the basis of sex, race, age, or religion when restricting access to, or selling, sites of cultural or religious significance if the discrimination is in accordance with the doctrine of the religion or culture concerned.
Age-based benefits
A person may discriminate on the basis of age when providing age-based benefits, such as travel concessions or Seniors’ Cards.
Accompanying children
If providing goods or services might create a risk to a child’s safety, a person may discriminate on the basis of age by requiring that a child be accompanied by an adult.
Religious bodies
Religious bodies which provide goods and services may discriminate on any basis if the discrimination is in accordance with the doctrine of the relevant religion and is necessary to avoid offending the religious sensitivities of people of the religion.
Non-profit organisations or associations
The prohibition on discrimination in the provision of goods and services does not apply to non-profit organisations or associations established for social, literary, cultural, political, sporting, athletic, recreational, community service or other such lawful purposes. This excludes most common clubs and voluntary associations.
What you can do
If you believe you’ve experienced discrimination when accessing goods or services, you can lodge a complaint with the Queensland Human Rights Commission.