25 September 2023

Discrimination guide sets out exemptions

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The Australian Human Rights Commission (AHRC) has issued refreshed guidelines for the use of special measures under the nation’s sex discrimination laws.

According to the Commission, ‘special measures’ are positive actions used to promote equality for disadvantaged groups, which are permitted under the Sex Discrimination Act 1984.

Sex Discrimination Commissioner, Kate Jenkins said the Act recognised that some groups, including women and lesbian, gay, bisexual, transgender and intersex persons, had suffered historical disadvantage and might not enjoy their human rights equally with others.

Ms Jenkins, pointed to the gender pay gap, the under-employment of women, barriers to leadership roles, reduced retirement savings and high rates of sexual harassment at work as examples of continuing inequality.

“Lesbian, gay, bisexual, transgender and intersex persons continue to experience discrimination at work on the basis of sexual orientation, gender identity and intersex status, and experience higher than average rates of violence, harassment and bullying,” Ms Jenkins said.

“Increasingly, the Commission has seen examples from individuals and organisations that are seeking to address this inequality by taking proactive measures.”

She said an example of a special measure under the Sex Discrimination Act might be a workplace setting a target of having 30 per cent of women on its board to address the lack of women’s representation in leadership positions.

“The Commission’s guidelines are intended to assist organisations and individuals to understand and use the special measures provisions in the Sex Discrimination Act, Ms Jenkins said.

“The guidelines are an important resource for organisations and individuals seeking to take positive steps to achieve gender equality and a more inclusive Australia, and I encourage everyone to use them.”

The Commission’s 28-page guidelines can be accessed at this PS News link.

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