Home

When can people discriminate against me because of my sexuality or gender identity?

The law says that most people whose job is to help you usually can’t discriminate against you because you:

But the law says there are some special times when people can discriminate against you because of these things. Some of these special situations are:

  • Sport – Sports groups can be for one gender (for example, a team for women or men only) if the group is for people who are 12 or older, it matters who wins and loses, and it matters how fit, strong or fast the players are.  Sports clubs can’t stop you playing a sport because of your gender when they are just playing for fun. And sports clubs can’t stop you being an umpire or referee just because of your gender.
  • Work – In a job that needs to be done by a man or a woman for a good reason. For example, imagine you are a transgendered woman and you work at a clothes shop. It might be OK for your manager to ask you not to help some woman in the fitting rooms while they are changing their clothes.
  • Religion – Organisations that are run by religious groups (for example religious schools, churches, mosques, synagogues or youth groups) can treat you differently because of your gender identity, sexuality or sexual activity if it is part of their religious beliefs. They can also do this if they know you are pregnant or have had an abortion and it is part of their religious beliefs.

The Victorian Equal Opportunity and Human Rights Commission has a list of examples on their website. You can contact them for more information.