In 2010, the Australian Federal Government passed the Sex and Age Discrimination Legislation Amendment Act, with the act coming into effect as of July 1, 2011. The changes refer mainly to the Sex Discrimination Act (1984) and the Age Discrimination Act (2004).
The Sex Discrimination Act has been amended to include an extension of protection relating to sexual harassment, family responsibilities and breastfeeding in public. The Age Discrimination Act has been amended to include the appointment of a stand-alone Age Discrimination Commissioner in the Australian Human Rights Commission.
The extension of protections from discrimination will extend the scale of protection by forbidding direct discrimination on the basis of family responsibility for both men and women in all areas of employment. Prior to this extension coming into effect, discrimination on the grounds of a person’s family responsibility was limited, and some have suffered termination of employment because of family commitments and responsibilities. Under the new act, termination of employment due to ‘family responsibilities’ will be prohibited, defined as responsibilities of an employee to care for and / or support a dependent child or immediate family member.
Another extension of protections has been issued for breastfeeding mothers. It will be discriminatory to impose, propose discrimination and to disadvantage women who are breastfeeding. This Act also covers the act of expressing milk, single acts of breastfeeding, and breastfeeding over a period of time.
The third extension of the Sex Discrimination Act is greater protection from sexual harassment. Before passing on this new act, sexual harassment is taken to have occurred if a person “would have anticipated” that the person being harassed would be offended, humiliated or intimidated by their uninvited sexual conduct. The new act broadens this, so that a person need only anticipate “the possibility” that the person being harassed would be offended. This new act also makes it illegal for sexual harassment to take place within a work place including customers and clients of your business.
The final amendment is the appointment of an Age Discrimination Commissioner. This act includes a provision that a stand-alone Commissioner will be established within the Australian Human Rights Commission, and will address age discrimination by enlightening the community and contesting the attitudes and stereotypes, which contribute to discrimination on the basis of age.
What You Need to Do to Ensure Your Business is Prepared for the Changes
· Take sexual and age discrimination seriously.
· Ensure you do not treat an employee who has family responsibilities any differently to how you would treat someone without them, regardless of their sex.
· Make sure your workplace has been updated with relevant workplace procedures and policies in relation to these updated Acts.
· Do not discriminate against a female breastfeeding employee, or limit their right to express milk during work hours
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