Complaints under the Sex Discrimination Act
You can make a
complaint under the Sex Discrimination Act (SDA) if you have been treated unfairly because
of your sex, pregnancy or potential pregnancy, marital status or, in relation to
employment, your family
responsibilities.
The SDA also makes
sexual harassment against the law. Sexual harassment is any unwanted sexual
behaviour which makes you feel offended or
humiliated.
Sex discrimination and
sexual harassment are covered in many areas of public life,
including:
- employment – seeking employment, training, promotion, equal pay, employment conditions or dismissal
- education – at school, TAFE, university or a private training provider
- provision of goods, services or facilities – such as buying something, applying for a loan, seeking assistance from a service provider or going to shops or entertainment venues
- land, accommodation and housing – renting or buying a house or flat
- insurance and superannuation
- administration of Commonwealth laws and programs.
Here are some examples of complaints we receive under the SDA.
Helen needs to finish work at 4.30pm so she can
pick her children up from day care. Her previous manager was happy with this
arrangement but her new manager insists she work until 5pm. This makes her late
to pick the kids up and costs her money in additional child care fees. He has
given her a warning and says she will be dismissed if she does not comply with
the instruction.
Tanya works as a receptionist and claims her
supervisor makes comments to her about her clothes, suggests she wears tighter
tops, leans over her and frequently offers to take her out for a drink. Tanya
has told him she is not interested but he doesn’t stop his
behaviour.
Linda has been on maternity leave for nine
months and is planning to return to work in a few weeks time. When she contacts
her manager to discuss arrangements for her return she’s advised that her
position has been restructured and he can only offer her casual work in a lower
paid position.
Information about
making a complaint of sex discrimination is available in our plain
language Complaints Guide to
the Sex Discrimination Act. Men can lodge complaints under the SDA but coverage is limited in some areas.
Find out more:
- Information for people making a complaint
- Information for people responding to a complaint
- Conciliation – how it works describes how we resolve complaints
- Case studies of conciliated complaints of sex discrimination and sexual harassment
- Frequently Asked Questions about making a complaint to the Australian Human Rights Commission
- The Commission’s current work to address sex discrimination.
Contact us
For more information, contact the Complaints Infoline on 1300 656 419 (local call) or 02 9284 9888. You can also send us an email at complaintsinfo@humanrights.gov.au.
