Sexual Discrimination:

Discrimination, as an unlawful act, is usually described as direct or indirect treatment of another person which is unfavourable and based on a defined unlawful ground or attribute. Indirect discrimination is constituted by subjecting a person or group to less favourable treatment than another person or group that results from an attribute they possess, for example, race, sex or disability and arises through the imposition of a requirement or condition on the first person or group that does not operate, or operates with less difficulty, on the other person or group.  

Sex discrimination is when a person is treated less favourably than another person in a similar situation because of their gender. This may be because of your sex; marital status; family responsibilities; sexual identity, because you are pregnant or might become pregnant; or because you are breastfeeding. Sexual orientation or sex gender identity discrimination is when a person is treated less favourably than another person in a similar situation because of their sexual preference or sexual identity; this may include lesbians, gays, transsexuals and bisexuals. Examples include; refusal of employment, refusing entry into a restaurant or establishment or a church or place of worship refusing to provide services because of sexual orientation.

Sex discrimination is when a person is treated less favourably than a person of the opposite sex would be treated in the same or similar circumstances. For example, it would be ‘direct sex discrimination’ if male and female employees are in the exact same occupation, but male employees have greater salary.  It is also sex discrimination when there is a rule or policy that is the same for everyone but has an unfair effect on people of a particular sex. This is called ‘indirect discrimination’. For example, it may be indirect sex discrimination if a policy says that all staff are to work within standard hours and there is no flexibility in work hours if some mothers need flexibility to care for their children.

The Discrimination Lawyers at Navado Lawyers & Solicitors have advised on Discrimination law for many years and deliver intelligent, expert advice on this area of international law. If you need further legal advice on your Discrimination law matter, you may book an appointment with us by telephone or by email to info@navado.com.au. Alternatively, you may meet with one of our qualified Discrimination solicitors at one of our branch offices. For a complete listing please see our Locations tab.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.