This morning I had the great pleasure of presenting to a group of lovely Mums and bubs at the Australian Breastfeeding Association about discrimination laws in Queensland.

I struggle to think of an area of law that is more misunderstood than the Anti-Discrimination laws.  There are blatant breaches of the legislation regularly in advertising and corporate marketing which go unchecked.  For example:-

1.  Housing estate advertised as for “adults only”;

2. Holiday companies advertising trips for “18-35s”;

3. Resorts prohibiting children;

4. Demotions of women while they are on maternity leave.

As a Personal Injuries lawyer, I have developed a working knowledge of the legislation.  Regrettably, the highest number of complaints regularly relate to disability discrimination.  This obviously becomes an issue for our clients particularly when they are attempting to return to work after an accident.

However, aside from the need to make complaints to the Anti Discrimination Commission in cases of discrimination, it is important for everyone to know the basics of what constitutes unlawful discrimination so that they are aware of their rights and responsibilities.

Not all discrimination is unlawful.  For example, I was once refused entry into a particularly hip night club in the Valley because I was not sufficiently “cool” in my dress and presentation.  However, lack of “coolness” is not a ground upon which discrimination is unlawful.  The grounds upon which discrimination is unlawful in Queensland are:-

  1. Sex;
  2. Relationship status;
  3. Pregnancy;
  4. Parental Status;
  5. Breastfeeding;
  6. Age;
  7. Race;
  8. Impairment;
  9. Religious Activity or Belief;
  10. Political Activity or Belief;
  11. Trade Union Activity;
  12. Lawful Sexual Activity;
  13. Gender Identity;
  14. Sexuality;
  15. Family Responsibilities;
  16. Association with someone possessing one of the above attributes.

Discriminating against someone with one of these attributes will still not be unlawful unless it is in a specified “area” of activity.  For example, if a home owner refuses to invite someone in a wheelchair to their home because they do not want a wheelchair in their home – it might be socially unpleasant but it is not unlawful.  The “areas” in which discrimination are prohibited are:-

  1. Work and Work-Related Area;
  2. Education;
  3. Provision of Goods and Services;
  4. Superannuation;
  5. Insurance;
  6. Club Membership;
  7. Disposition of Land;
  8. Accommodation;
  9. State Government Programs and Local Government.

There are exemptions where otherwise unlawful discrimination is permitted for example – in cases of workplace health and safety, the capacity of a person to fulfill the inherent requirements of the job and cultural and religious sensitivity.  However, a good rule of thumb is, if you ever feel that you are being discriminated against on the basis of one of the prescribed grounds in a prescribed area then it is worthwhile checking to see whether it is subject to an exemption.

For more information or to lodge a complaint, check out the website for the Anti-Discrimination Commission of Queensland.

https://www.adcq.qld.gov.au/

If you are involved in a Queensland community organisation that could use some help in relation to discrimination law, I am happy to help on a pro bono basis.