Australia's SDA makes it unlawful to discriminate on grounds of sex, pregnancy, breastfeeding, marital or relationship status, or sexual orientation in employment, education, and services. The AHRC handles complaints; time limit is 6 months.
The Sex Discrimination Act 1984 (Cth) gives effect to Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It makes discrimination unlawful in employment, education, accommodation, provision of goods and services, and administration of Commonwealth laws. Protected attributes: sex; pregnancy or potential pregnancy; breastfeeding; marital or relationship status; family responsibilities; sexual orientation; gender identity; intersex status. **Sexual harassment**: The SDA also prohibits sexual harassment in the workplace and in connection with the provision of goods and services. Since the Respect@Work reforms (2022), employers have a positive duty to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination, and victimisation. As amended by the Respect@Work Act 2022, the positive duty shifted from reactive (responding to complaints) to proactive (preventing harm before it occurs). Employers who fail this duty can now be investigated directly by the AHRC without a complaint. Complaints are filed with the AHRC within 6 months of the act (or 24 months for sexual harassment post-2023). The AHRC conciliates; if unsuccessful, matters can proceed to the Federal Court.
A pregnant employee tells her manager she is expecting. Shortly after, she is made redundant — the only person in her team to lose her job. This is direct sex discrimination on grounds of pregnancy. She files a complaint with the AHRC within 6 months.
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