Are there any exceptions and exemptions?
Exemptions and exceptions - Employment
Employers may lawfully discriminate in the following circumstances:
- Care, instruction or supervision of children
- Compulsory retirement in the public sector
- Discrimination authorised by legislation
- Domestic or personal services
- Dress, behaviour and appearance
- Family employment
- Genuine occupational requirements
- Political employment
- Protection of health, safety and property
- Reasonable terms of employment
- Religious belief or activity
- Single sex accommodation
- Small business
- Special services and facilities
- Welfare measures and special needs
- Welfare services
- Youth wages
Employers may also apply for temporary exemption from the law.
Limits on exceptions and exemptions
The exceptions and exemptions described above are Victorian law. Remember that federal laws also cover sex, race and disability discrimination. So Victorian exceptions may also need to be considered against the requirements of federal laws.
These exceptions may be defenses to complaints made under the Equal Opportunity Act. So someone could still lodge a complaint against an organisation and/or the alleged discriminator or harasser even if an exception applies unless the organisation had been granted a temporary exemption by the Tribunal. If a complaint was made, the applicable exception could be raised as a defence.
