Example of sex discrimination
The Sex Discrimination Act SDA makes it unlawful to discriminate against a person because of their sex, gender identity, intersex status, sexual orientation, marital or relationship status, family responsibilities, because they are pregnant or might become pregnant or because they are breastfeeding. For more information, see the fact sheet Sexual orientation, gender identity and intersex status discrimination. The SDA protects people across Australia from discrimination in a number of areas in public life, including employment, education, getting or using services, or renting or buying a house or unit. Sex discrimination in employment occurs when someone is treated less favourably than a person of the opposite sex would be treated in the same or similar circumstances. It can occur when employers or managers hold assumptions about what sort of work women are capable — or not capable — of performing. For example , after working for 11 years with an accounting firm, Erin had been promoted to the role of group auditor.
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But what is gender discrimination? And what are the different types? We explain with examples from the workplace. Gender discrimination is when you treat an employee unfairly because they are a man or a woman. It can happen to men as well, and the law protects them in the same way. Likewise, a woman can discriminate against another woman because of her gender, just as a man can discriminate against another man. Direct discrimination : When you treat an employee unfavourably because of their sex.
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This behavior is a civil rights violation , and it's illegal in the workplace when it affects the terms or conditions of a person's employment. States also have their own laws making sex or gender discrimination illegal. Sexual harassment falls under the umbrella of gender discrimination. According to company policy, a woman may be entitled to the same perks, advancements, pay and other benefits as her male counterpart, but behavior toward her in the workplace may be untenable and it's usually related to her gender. You may be familiar with the MeToo movement birthed by sexual harassment claims made against Hollywood mogul Harvey Weinstein when actress Ashley Judd shared her story with major news outlets.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.