What kinds of things would be discrimination if I am transgender, intersex or questioning?

The law says that people can’t treat you badly because of your gender identity if their job is to help you. Gender identity is whether you feel like you are a man, a woman, both a man and a woman, or another gender. Some words for gender identities are transgender, intersex and gender questioning. If somebody treats you unfairly because of your gender identity,  this is discrimination. Discrimination is against the law.

Some examples of discrimination because of gender identity are:

  • Calling you mean words to hurt your feelings (for example ‘he-she’ or ‘tranny’)
  • Not calling you by the name that you want to be called.
  • Calling you a ‘him’ when you are living as a woman or a ‘her’ when you are living as a man, when you ask them not to.
  • Your support worker refusing to help you put on the clothes you want to wear.
  • Your manager asking you to wear the men’s or women’s uniform when you want to wear the other uniform.
  • Not letting you use the change room you want to use at the swimming pool or gym.
  • Not letting you use to the toilet that you want to use.
  • Not giving you a job because you are transgendered, intersex or gender questioning.

(There are separate laws about the writing your name on forms and ticking your gender on forms. It is not discrimination to ask you to follow these laws.)

If you think you are being discriminated against because you are transgender, intersex or gender questioning, you can contact the Victorian Equal Opportunity and Human Rights Commission for more information or to complain.