Sexuality

Legislation:

Equal Opportunity Act 1984 (SA)

Areas of discrimination on basis of sexuality under SA law

Under the Equal Opportunity Act 1984 (SA) sexuality is defined as homosexuality, heterosexuality, bisexuality or transexuality.

It is unlawful to discriminate on the basis of sexuality under the following areas:

employment
trade unions
qualifying bodies
education
disposal of land
accommodation
goods and services
advertising

Exemptions

Employment in a private household
Disposal of land by way of will or gift
Charities conferring a benefit on persons of a particular sexuality
Religious bodies and educational institutions established on religious precepts

Areas of discrimination on basis of sexuality under Commonwealth law

Sexuality is not a ground for discrimination under Commonwealth law.

Making a complaint

Time limit The Equal Opportunity Commission requires a complaint to be made within 6 months of the event being complained of.

Threatened in own home because of sexuality

Mike and Greg lived together in an Adelaide suburb. Their property was assessed by the local council for installation of a new driveway. When the worker arrived to do the work he made derogatory comments about Mike and Greg's sexuality after seeing them together in the house. Some of the comments he made were, "You faggots don't deserve to have this work done ... I will make you wait", and "I know people who will bash you up". The worker then refused to finish the work promised. Mike and Greg were angry and felt humiliated by these remarks.

Mike and Greg complained to the local council but were told that the worker was an independent contractor and not the council's responsibility. Mike and Greg then made a complaint to the Commission.

Outcome: At conciliation the Council agreed to provide all contract workers with written information about their responsibilities regarding discrimination, that all people requesting a copy of council policy will receive one free of charge and made a commitment to ensure that their staff were aware of their discrimination policy. A payment of $500 each was made to Mike and Greg for injury to feeling.