The Sex Discrimination Act 1984 (Cth) provides that a person discriminates against another person on the ground of the gender identity of a person if the discrimination occurs by reason of:
This includes a person with an intersex status.[2]
The sex of a person may include the gender assigned to a post-operative transsexual.[3]
Sexual harassment has been found to constitute sex discrimination.[4] Similarly, sexual harassment may constitute adverse action against a person by reason of the person’s sex.
Whilst the dictionary meaning of ‘harass’ implies repetition, one act may be sufficient.[5]
A person sexually harasses another person if:
in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated.[6]
Conduct motivated by general assumption and stereotypes, known as ‘imputed characteristics’, can constitute conduct based on sex.[7]
The applicant made sexual harassment allegations against another employee, however the investigation established that the other employee had not breached the employer’s Code of Conduct.
The Court held that apart from the applicant’s own beliefs that she had been sexually harassed and discriminated against there was no evidence whatsoever of a contravention of the general protection provisions.
The Sex Discrimination Act 1984(Cth) defines sexual orientation as a person’s sexual orientation towards:
It is unlawful to take adverse action on the basis that a person is, or is believed to be lesbian, gay, bisexual or transgender.[9]