Wednesday 25 May 2022

Hmm ... TGD (and other) protection in Australia - including in workplaces

On TGD rights in the workplace (in Australia), I have just come across this: 

https://humanrights.gov.au/sites/default/files/Information%20sheet%20on%20new%20protections%20in%20the%20Sex%20Discrimination%20Act%20-%20FINAL.pdf

which also includes: 

From 1 August 2013 it will be unlawful under federal law to discriminate against a person on
the grounds of their: 

  • sexual orientation
  • gender identity 
  • intersex status 

Same-sex couples are now also protected from discrimination under the new definition of ‘marital or relationship status’ (this was previously ‘marital status’). 

The Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 (Cth) (SDA Amendment Act) inserts the new grounds into the Sex Discrimination Act 1984 (Cth) (SDA).

and 

The SDA provides protection from discrimination for people who identify as men, women and neither male nor female. It does not matter what sex the person was assigned at birth, or whether the person has undergone any medical intervention. 

Direct discrimination could occur if a shop-assistant refused to serve a person who identifies and presents as a woman but has a deep masculine sounding voice because she felt uncomfortable about that person’s gender identity.  

Indirect - it may be indirect discrimination if an organisation’s human resources policies do not permit changes to an employee’s records. Such a policy may require a transgender woman to continually disclose information about her gender identity in order to explain discrepancies in personal details.


PS - there has subsequently been additional, specific workplace protections implemented: see here and here.


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