Human Resources

Legislation and Compliance

Equal Opportunity Act 1995 (Vic)

The Equal Opportunity Act 1995 makes it unlawful to discriminate against a person on the basis of the following attributes:

  • age
  • breastfeeding
  • gender identity
  • impairment
  • industrial activity
  • lawful sexual activity
  • marital status
  • parental status or status as carer
  • physical features
  • political belief or activity
  • pregnancy
  • race
  • religious belief or activity
  • sex
  • sexual orientation
  • personal association (with a person who is identified by reference to any of the above attributes).

The Act also:

  • prohibits direct and indirect discrimination
  • places responsibility on employers and employees for maintaining a workplace free of discrimination and sexual harassment - employers and employees can be held liable for their behaviour
  • makes it unlawful to sexually harass a person at the institution (includes schools and students)
  • prohibits victimisation
  • promotes equality of opportunity between persons of different sex, age, marital status, race and other specified attributes
  • provides redress for those who have been subject to discrimination.

The areas of public life in which the Act operates are:

  • Employment
  • Education
  • Goods and services
  • Accommodation
  • Clubs and club members
  • Sport
  • Local government
  • Disposal of land.

There a number of exceptions to this prohibition, in particular section 25 of the Act permits an employer to discriminate against a staff member or prospective staff member if the following conditions exist:

  • the employment involves the care, instruction or supervision of children under the age of eighteen
  • the employer genuinely believes the discrimination is necessary to protect the physical, psychological or emotional well-being of the children
  • having regard to all relevant circumstances, including if applicable the conduct of the staff or prospective staff member, the employer has a rational basis for the belief.

All three of the above specified conditions must be cumulatively satisfied by an employer seeking to rely on this exception. An employer who genuinely believes that the discrimination is necessary to protect the welfare of children must have a rational basis for that belief which is capable of being proven.

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