Sex discrimination

Legislation:

Sex Discrimination Act 1984 (Cth)
Equal Opportunity Act 1984 (SA)

Areas of discrimination on basis of sex under SA law

Under the Equal Opportunity Act 1984 it is illegal to discriminate on the basis of sex in the following areas:

education
employment
accommodation
interest in land
conferral of qualifications
provision of goods and services
membership of an association
trade unions
advertising

Exemptions

charities
measures intended to achieve equality
sport, where strength, stamina or physique are relevant in competition
insurance, where based on reliable actuarial or statistical data
religious bodies in relation to the ordination or appointment of priests, ministers or religion or members of a religious order or in relation to training of priests, ministers, etc
employment within a private household
employment for which it is a genuine occupational requirement that a person be of a particular sex
associations, where it is not practicable for a service or benefit to be used or enjoyed simultaneously by both men and women and the same or an equivalent service is provided at other times
single-sex associations (eg clubs and groups)
single-sex educational institutions
disposal of land by gift or by will
accommodation, where the person providing it or a near relative of theirs is to reside on the premises and it is provided for no more than 6 other people
accommodation, provided by not-for-profit organisations

Areas of discrimination on basis of sex under Commonwealth law

The Sex Discrimination Act 1984 prohibits discrimination on the basis of sex in:

employment
superannuation, regarding exercise of discretion in relation to payment of benefit
qualifying bodies
education
goods, services and facilities
accommodation
land
clubs
administration of Commonwealth laws and programs
requests for information

Exemptions

employment in a private household
employment, where it is a genuine occupational requirement of the job
education, single-sex educational institutions
accommodation
- where person offering the accommodation or a near relative resides there and it is for no more than 3 other persons
- where provided by a religious body
- where provided by a charitable or other not-for-profit organisation solely for members of one sex
residential care of children
the provision of services the nature of which is such that they can only be provided to members of one sex
disposal of land by way of will or gift
religious bodies
educational institutions established for religious purposes
voluntary bodies
acts done under statutory authority e.g. an order of a Court or tribunal or decision made under an industrial award or agreement
insurance and superannuation, where based on reliable actuarial or statistical data
sport
combat duties

Making a complaint

Time limits: the Australian Human Rights Commissioner may decide not to take any action for complaints on acts committed more than 12 months previously. The Equal Opportunity Commission requires a complaint to be made within 6 months of the event being complained of.

Same-sex couple refused hotel manager jobs

Kevin and Todd, in a same-sex relationship, applied for a position as a Hotel Managing Couple for a hotel in an Adelaide suburb. The hotel owner appeared keen to appoint them, but cancelled the interview at the last minute, making a comment about "wanting a woman behind the desk." Todd had flown from Sydney for the interview.

When Kevin and Todd made a complaint, the hotel owner denied making the comment about a woman and stated that he didn't want Todd to travel from interstate for the interview because he could not guarantee they would be successful in getting the position. He had been given a poor report by one of Kevin's referees.

Outcome: At conciliation the hotel owner agreed to pay for Todd's flight from Sydney.