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Sex Discrimination & Equality Before Law

Over the years, we have received a number of inquiries from females in the workplace who call and explain that their employer has discriminated against them on the basis of their sex by either making crude, inappropriate, and offensive statements about females and/or their employer not providing them the flexibility to attend to their family responsibilities. We have also acted for clients where employers regrettably tell female employees that there are certain jobs or duties they cannot perform because of their sex, or that because they are female, they should dress or act in a certain way.

The Human Rights associated with the gender and sex of employees in the workplace often interact with characteristics that appertain to or are imputed to people of a particular sex. All too often in the workplace, there is discriminatory conduct, often to the detriment of females and to characteristics associated or appertaining to females including but not limited to their actual or potential pregnancy, maternity leave, family and career responsibilities, and their restricted hours of work to cater for their family and career responsibilities.

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Sex Discrimination Act of 1984

It is unlawful to discriminate against a person on the basis of their sex or a characteristic that appertains or is imputed to persons of that sex.


Section 14 of the Sex Discrimination Act of 1984, gives protection to male or female employees by making it unlawful for any employer to discriminate against them, including in the terms and conditions of employment, denying them opportunities for promotion, subjecting them to any detriment including for example, being counseled for their absences and indeed prohibits the termination for any employment.


As defined in section 5 (Sex Discrimination) of the Sex Discrimination Act 1984, an employer is prohibited from engaging in both direct and indirect forms of discrimination.

Furthermore

Employees who are discriminated against based on their sex have further legal protection under the Fair Work Act (2009), including but not limited to;


(a) Rights under the national employment standards, including parental leave and related entitlements such as an entitlement to unpaid parental leave;


(b) Section 351 which prohibits discrimination and adverse action on the basis of the employee’s sex, family or career responsibilities, or pregnancy;


(c) Section 352, which protects absences from work including absences that may be related to the pregnancy;


(d) Section 340, which protects adverse action against an employee who exercises a workplace right such as making a request for pregnancy and birth-related leave and/or flexible working arrangements

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Energy, Teamwork & Defending
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The Connect Legal Team can help you defend yourself and stand up to all forms of workplace discrimination.

Testimonials

I have been working as a traffic controller for a regional traffic solutions business for 2 years. I am one of the very few female traffic controllers in my workplace and the large majority of my co-workers and managers are male. In the past 2 years and almost weekly, when other traffic controllers and myself have lunch on site, my male co-workers say to me, “Go back to the kitchen, and make us a sandwich because you’re a woman.” Everyone laughs, including the male managers and supervisors. Last week was the last straw, so I called one of the HR officers, complained about the inappropriate comments and also raised my concerns that there were still no female toilets on site for me to use. The HR officer told me, “Boys will be boys.” Please advise me about what I can do to defend my rights as a female in the workplace.


I am employed by a well-known Australian hotel chain as a casual housekeeper, and have been working there for 5 years on the night shift for which I am paid a higher rate than the day shifts. Recently, my old manager resigned, and I now report to a new manager, who refuses to roster me on for any of my usual night shifts. When I became aware of this, I requested a meeting with him, and I said, “What’s going on with my nightshifts? I have been working these shifts for the past 5 years.” My manager replied, “I don’t think women should do the night shifts, I have already filled the night shift slots with the male workers.” I was devastated to hear this because I have been working the night shifts for 5 years and do not believe that being a woman makes any difference to my excellent workplace performance. Is my new manager allowed to do this? Please advise.
I am a male hairdresser and I work in a busy hair salon, mostly with female colleagues. I am a very experienced hairdresser and have been working in the industry for the past 15 years. I directly report to the salon manager who regularly ridicules and mocks the fact that I have male pattern boldness and she will openly laugh and make comments like, “You’ll get no clients today, men can’t cut hair as well as the girls, and besides, you’re bald.” I feel very humiliated by my manager’s comments about my gender, which has nothing to do with how well I do my job. I have not spoken up or reported my manager to the salon owner because I am worried about further ridicule. What are my workplace rights under the Sex Discrimination Act as a male employee?
I am a father with two lovely children, working as a PM operations supervisor for a large transport company, and lately, I have been experiencing sex and parental responsibilities discrimination. One of my children is regularly sick and I have needed to take them to west mead hospital for urgent care, and hence, I have not been able to get to work on some days. I have explained to management my parental responsibilities that I would need 1 to 2 days off over the next couple of weeks because my wife is also working 4 days a week and cannot take any time off. My manager has been very abrupt in saying “we need to get the trucks out to Melbourne and Brisbane, work has to be first, we are very busy, it’s Covid, I can’t give you any time off.” 2 nights ago, my child was very unwell, I rang my manager and said “I can’t come into work today. I need to have 2 days off.” He said, “Can’t your wife look after your child?” I said “No.” This type of bullying and intimidating behavior has been going on for a while, and this morning, I tended my force resignation. May you please explain my rights as a father and parent under the Sex Discrimination Act 1984, in relation to the above victimization and forced resignation.
I am a mother of 2 children and work for a large hotel (pub) where I have experienced ongoing sex discrimination. The licensee has questioned my loyalty to my business saying, “You have been taking too much time off work, and it has been affecting our service standards.” I explained, “I have had 6 days off in the last 3 months because of my parental responsibilities and being a working mum is not easy.” The licensee has not been happy when I have been exercising my rights as a working mum, and he knows very well my parental responsibilities come first. I also sense his body language is very negative when I return to work after caring for my children, and he does display differential treatment between the working mums and others. Whenever I am at work, I always stay back, and I don't even ask for overtime. I enjoy working with the customers, but I don't like the bullying and victimization I am experiencing as a mother and parent. Please advise.
I work within the construction industry, and regularly I have been told by a number of men at the worksite that what you’re doing is a man’s job, women don't belong on construction sites. However, from an early age, I’ve enjoyed working with my hands and on the tools, and doing odd jobs. On the building site where I am, I assist the carpenter and am planning to do my apprenticeship very soon, however, the ongoing discrimination because of my sex is unbearable. I’ve talked to HR, and they have apparently investigated my matter and said “The allegations don't stack up and we can’t help you.” Please advise.
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