Discrimination

In the ACT it is against the law for someone to discriminate against you because of a characteristic that you have, or that someone thinks you have, in an area of public life such as employment, education, provision of goods and services and accommodation.

It is also against the law for someone to sexually harass, vilify or victimise you.

Types of Discrimination

It is against the law for someone to discriminate against a person because of:

• accommodation status
• age – child, young person, older or any other age
• breastfeeding
• disability – including physical, sensory, intellectual disability, medical condition or illness, mental illness or psychiatric disability, work related injury
• being, or have been, subject to domestic or family violence
• employment status – including being a probationer, apprentice, contractor,  employed full time or part time
• gender identity
• genetic Information
• immigration status
• industrial activity
• irrelevant criminal record – including charges and convictions
• physical features – including stature, weight, scars
• political conviction
• pregnancy including potential pregnancy and accessing IVF
• profession, trade, occupation or calling  – including a profession you are or have been  employed in
• race – including colour, ethnic or national origin
• relationship status
• religious conviction – which includes having no religious conviction
• sex
• sex characteristics
• sexuality
• your association with a person who has an attribute listed above

It is also against the law for someone to:

• sexually harass you
• vilifiy you because of your race, disability, gender identity, religious conviction, intersex status or HIV/AIDS status
• victimise you because you have made a discrimination complaint

Where can discrimination occur?

• Access to premises
• Provision of accommodation
• Membership of a club
• Education
• Employment
• Employment agencies
• Provision of goods, services and facilities
• Professional or trade organisations
• Qualifying bodies

Direct and Indirect Discrimination

The ACT Discrimination Act covers both direct discrimination and indirect discrimination.

Direct discrimination occurs when someone is treated unfavourably because of a protected attribute. For example, where a person misses out on a promotion because they are pregnant, or where a person is subjected to a racial comment in the workplace.

Indirect discrimination occurs when there is a rule or policy that is the same for everyone but has an unfair effect on people with a protected attribute. For example where a person is refused a job because they do not meet a minimum height requirement, and that requirement would make it unreasonably more difficult for women or people of particular cultural backgrounds to be awarded the job.

Where can I get more information?

The ACT Discrimination Act 1991

If you have any questions or require assistance to lodge a complaint of discrimination, please call us on 6205 – 2222 or email us at human.rights@act.gov.au
To make a complaint please complete our complaint form.

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