Grounds of discrimination
The Equal Opportunity Act 1984 sets out the grounds, or types of discrimination which are unlawful and the places where they apply.
Grounds or types of discrimination:
- Age – being regarded as too young or too old
- Breastfeeding – being asked not to feed, or to use other facilities to breast or bottle feed
- Family responsibility – having a caring role
- Family status – being a relative of a particular person or having the status of being a particular relative
- Fines enforcement registrar's website – publication of relevant details
- Gender history – having reassigned gender as certified under the Gender Reassignment Act 2000
- Impairment – having a physical, intellectual or mental disability that is current, past or imputed
- Marital status – being single, married, a de facto partner, separated, divorced or widowed
- Political conviction – including a lack of conviction
- Pregnancy– being pregnant, having a characteristic associated with pregnancy or generally imputed to persons who are pregnant.
- Race – including colour, ethnicity or national origin or descent
- Racial harassment– including offensive or insulting comments or other behaviour about a person’s colour, ethnic background or origin
- Religious conviction – including a lack of conviction
- Sex – being a man or woman
- Sexual harassment – including unwelcome requests for sexual favours, touching and comments about a person’s private relationships
- Sexual orientation – including heterosexuality, homosexuality, lesbianism, bisexuality or assumed sexual orientation.
- Spent conviction – the Commission can investigate discrimination on the ground of spent convictions under the Spent Convictions Act 1988.
*The Act may also apply to a relative or a person who has a close relationship to a person affected by these grounds.
Victimisation is also against the law. Victimisation includes threatening, harassing or punishing a person in any way because they have objected about the discriminatory manner in which they have been treated. It also applies to anyone who has made a complaint, or intends making a complaint, under the Act.
Victimisation is also applies to anyone giving evidence about a complaint.
Areas or places
Go to Publications - Fact Sheets page for more information on areas:
The Equal Opportunity Act 1984 applies only in certain areas of public life. These include:
- Provision of goods, services and facilities
- Access to places and vehicles
- Disposal of land
- Application forms
- Superannuation and insurance