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The law protects people who have had a disability in the past and those who, because of an existing
medical condition, may have a disability in the future.
In Victoria, if you have a disability it is also against the law to discriminate against you because you
have:
Around one in five Victorians has a disability and most people will experience some kind of disability
at some time in their lives. Disability discrimination can prevent people from participating in
community life and enjoying other human rights.
EMPLOYMENT ACTIVITY
However, issues related to workplace, workers' or employee rights may arise in a number of
situations, and these may not be based on personal characteristics such as race or age.
To accommodate this type of discrimination, it is against the law for employers to treat their
employees or contractors unfairly because they make reasonable requests and/or voice concerns
about their employment entitlements or workers' rights. This is known as discrimination on the basis
of employment activity.
The Equal Opportunity Act 2010 applies to employers of all sizes and covers all types of workers,
including full-time, part-time and casual employees, agents and contract workers, trainees and
apprentices.
Employment entitlements relate to an employee's rights and entitlements under their contract,
agreement, relevant award or law, such as rates of pay and annual leave.
GENDER IDENTITY
Gender identity is where people of one sex identify as a member of the other sex, or where people of
indeterminate sex identify as a member of a particular sex. People can do this by living, or seeking
to live, as a member of a particular sex, or assuming characteristics of a particular sex. This could be
through the way they dress, a name change or medication intervention, such as hormone therapy or
surgery.
INDUSTRIAL ACTIVITY
Industrial activity is about being part of of an industrial organisation, such as a trade union or
chamber of commerce. This can include:
It also includes when you refuse to join and/or participate in an industrial organisation.
An industrial organisation includes an organisation of employees such as a trade union, an
association of employers such as a local chamber of manufacturers, or any other group established
for people in a particular industry, trade, profession or business. It also includes a formal or informal
group of employees that represents the interests of employees.
MARITAL STATUS DISCRIMINATION
Marital status is whether you are, or are not, single, married, divorced, widowed, separated, a
domestic partner or in a de facto relationship. ‘Domestic partner’ refers to all couples, regardless of
their sex and sexual orientation.
RELIGIOUS BELIEF
Religious belief is about having, or not having, a religious belief or view that is not against the law.
Religious activity is where you take part, choose not to take part or refuse to take part in a religious
activity that is not against the law.
Sex discrimination
Although men can experience sex discrimination, women are more likely to be discriminated against
because of their sex. This is because women are more likely to care for children or other family
members, and because they may become pregnant or need to breastfeed a child.