Types of discrimination
Equal opportunity laws protect people from discrimination, sexual harassment and racial and religious vilification.
Discrimination
Discrimination means treating someone unfairly or unfavourably because of a personal characteristic such as their sex or race or age. Discrimination can also be setting a requirement that people with a particular characteristic cannot meet and which is not reasonable. Under the Equal Opportunity Act 1995 (Vic), it is against the law to discriminate against someone because of their actual or assumed:
- age
- breastfeeding
- carer status
- disability/impairment
- employment activity
- gender identity
- industrial activity
- lawful sexual activity
- marital status
- parental status
- physical features
- political belief or activity
- pregnancy
- race
- religious belief or activity
- sex
- sexual orientation
- personal association with someone who has, or is assumed to have, one of these personal characteristics.
When are discrimination and sexual harassment against the law?
Discrimination and sexual harassment are against the law in:
Are there any exceptions?
The exceptions to and exemptions from the Equal Opportunity Act are currently being reviewed. Click here for more information
In some cases, exceptions to the law will apply. Find out more about exceptions and exemptions to the law.
Sexual harassment
Under the Equal Opportunity Act, sexual harassment is against the law. Sexual harassment is unwelcome conduct of a sexual nature that could make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, verbal, visual or written. Find out more about sexual harassment.
Victimisation
It is also against the law to hassle or victimise someone because they have made an allegation or formal complaint of discrimination or sexual harassment. People who believe they have been victimised can make a complaint to the Equal Opportunity Commission Victoria.
Authorising and assisting
It is also against the law to authorise or assist another person to discriminate or sexually harass someone. That means that a person must not ask, instruct or encourage anyone person to discriminate against or sexually harass another person.
Racial and religious vilification
Under the Racial and Religious Tolerance Act, racial and religious vilification is against the law. Racial and religious vilification is behaviour that incites or encourages hatred, serious contempt, revulsion or severe ridicule against another person or group of people, because of their race or religion.
