Sex discrimination - When are discrimination and harassment against the law?

Discrimination is treating someone unfairly or less favourably because of a personal characteristic. In Victoria it is against the law to discriminate against someone because of their sex.

Examples

Mike sees an advertisement for a job as a sales representative for a cosmetics company. When he telephones to express his interest, the personnel manager says: “Sorry, we don’t have any male reps and we like to keep it that way.”

Barbara applied to a bus company for a job as a bus driver. She had been a transport driver in the RAAF and has plenty of experience. When the employer gave her the job he said he doubted that she would be able to “hack the pace” and that she would be paid less than the men until she “proved herself”.

When is discrimination against the law?

Discrimination laws apply to public behaviour, not to private conduct.

Public areas covered by the law include accommodation, clubs and club members, disposal of land, education, employment, goods and services, sport and local government.

Example

Margaret and Jenny cannot play lawn bowls at the local bowling club on Saturdays because that is reserved for men-only competition. They are told they are welcome to join the club as “associate members” but the club’s rules restrict “full ordinary membership” to men.