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General FAQs

Can employers tell an employee to get a haircut?

Insisting on a particular hairstyle or colour may discriminate on the basis of physical features, religious beliefs or race. Workers and job applicants can be told to tie their hair back or cover it up for health and safety reasons if involved in food preparation or operating machinery. However the same rules should apply to men and women to avoid sex discrimination.

I am from a strict Muslim background and wear the hijab to school. My PE teacher told me that I have to wear the school sports uniform and start going to PE classes because they are compulsory. The uniform is a short skirt and tee-shirt. I know my father would never let me wear this. Can the teacher make me take my hijab off and wear the sports uniform?

It is against the law for the teacher to treat you unfairly because of your religious beliefs. This means that the school will have to accommodate your beliefs by allowing you to dress according to your beliefs. Your PE teacher cannot force you to take your hijab off and cannot make you attend PE classes. Schools may set reasonable standards of dress, including uniforms, according to the standards of the school community (staff, parents, students - including you and your parents!). However, these standards must be balanced against what's culturally appropriate for students. The only time when you could be asked to remove your hijab is if it posed a health or safety risk to you or another person.

I belong to a golf club with my partner. We found everyone at the club really friendly until someone realised that we are a lesbian couple. Now, every time we try and book a round of golf we're told there are no vacancies. Is this against the law?

In this case your rights depend on whether the golf club is on crown land or receives funding from the state government or local council. If it is either of these, then unfair treatment based on your sexual orientation is against the law. If it is a private club and doesn't receive any government funding, then it may lawfully discriminate against you.

I recently applied for a job as a night packer at a supermarket. At the interview everything was going well until I mentioned that I have two children. Then the interviewer's attitude totally changed. He said they needed reliable people who can do shift work. I didn't get the job and I'm pretty sure it's because I mentioned having children. What are my rights?

It is against the law for someone to refuse you a job simply because you have children. What counts is whether you are able to do the genuine requirements of the job. These might include being available for shiftwork. It is against the law to assume you can't do shiftwork because you are a parent. We may be able to help by talking to the employer on your behalf and explaining their legal responsibility not to discriminate.

I recently turned 65. I didn't tell anyone how old I was, but on my birthday my boss commented that I'd just reached a milestone so he'd obviously checked my age. Since then I've noticed that he's been giving me more of the routine jobs, despite my experience, and giving the interesting work to my younger colleagues. I'm not ready to retire but feel he's trying to push me out. What are my rights?

Firstly, there's no longer a compulsory retirement age. As long as you are capable of doing your job you may legally keep working. Secondly, it's against the law to treat you unfairly at work because of your age. That includes the kind of work you are given to do as well as access to benefits of employment such as training. It sounds as though your boss needs some information about his responsibilities. Call us for more details.

I was excluded from the school basketball team after the coach found out that I have Hepatitis B. What are my rights?

It is against the law for the coach to exclude you from the team because of you have Hepatitis B or C for that matter. You may like to give the coach our Hepatitis C fact sheet and suggest they contact us for more information.

I work in the printing industry. Most of my co-workers belong to the union but I don't. The Shop Steward has asked me a few times if I want to join. Last time I said no he called me a scab and said I was getting all the benefits and taking none of the risks. Is that discrimination?

It is against the law to treat you unfairly because of your industrial activity. This includes being a member of a union or not being a member of a union. It sounds as though the Shop Steward's behaviour was discrimination. Contact us for more information.

I'm 18 and have a full-time job. I recently found a flat to rent after months of trying but they made my Mum go guarantor. Is that discrimination?

You say you have a job, so if there is no reason for the real estate agent to think you can't pay the rent, they may be discriminating against you by asking for a guarantor if they've done so because of your age.

Is it legal for a real estate agent to refuse to rent me a house because I have two children?

Normally it is against the law for an agent or landlord to refuse to rent a property to someone simply because they have children under 18 years of age. There are a couple of exceptions, however. Firstly, a landlord or agent can refuse to rent a room to someone if it is in their own home or a relative's home. Secondly, if premises are not suitable for children because of their design or location, it may also be lawful for a real estate agent to refuse to rent them to a person with children. Suitability would be assessed objectively by the Equal Opportunity Commission not simply based on the agent's or landlord's opinion.

My friends and I like to meet at the shopping mall. Every time we get together one of the security guards comes up and tells us to move on. He only does it because we're young. Is this discrimination?

It certainly sounds like it. You're are being treated less favourably than other shoppers because you are young, which is age discrimination. Shopping mall owners are covered by the Victorian Equal Opportunity Act 1995 as providers of goods and services.

There's a gay bar at the end of my street. I tried to go there for a drink with a woman friend of mine but they wouldn't let us in. Is that discrimination?

The answer to that depends on whether or not the bar owners have an exemption under the Equal Opportunity Act, which allows them to run a bar for gay men only. The Victorian Civil and Administrative Tribunal (Anti-Discrimination List) may grant an exemption if it believes it would further the Act's goal of promoting equal opportunity. When making these decisions the Tribunal considers a range of factors such as why the exemption is being requested, the needs of the target group (gay men in this case) and any economic considerations.

There's a guy in the mailroom at work who keeps asking me out. I've told him I'm not interested but he just tells me I look beautiful when I'm angry and says I don't know what I'm missing. My friend says this is sexual harassment. Is she right?

It certainly sounds like sexual harassment. The law says sexual harassment is any unwelcome behaviour of a sexual kind that a reasonable person would foresee could upset, embarrass or intimidate another person. Asking you out repeatedly, paying unwelcome comments and refusing to listen when you say no all sound like sexual harassment. If your boss knows about the sexual harassment and does nothing, your employer could also be legally liable. You might like to contact us for further advice about what you can do.

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