What is Discrimination on the basis of Sexual Orientation?

Under the Victorian Equal Opportunity Act, it is against the law to discriminate on the basis of a person's lawful sexual preference.

Under the Commonwealth Human Rights and Equal Opportunity Commission Act and on the basis of the International Labor Organisation Convention No. 111, the Commission may inquire into discrimination by any person in employment or occupation on most of the grounds included in the Victorian Equal Opportunity Act and on some additional grounds, including sexual preference.

Under the Commonwealth Workplace Relations Act 1996 (s170CK) termination of employment on certain specified prohibited grounds including sexual preference may be unlawful.

This covers the sexual orientation of gay men, lesbians, bisexuals and heterosexuals.

Discrimination on the basis of presumed sexual orientation or characteristics associated with a particular sexual orientation is also illegal under the Victorian Act.

Discrimination means treating a person less favorably than another person, in the same or similar circumstances. Discrimination maybe direct or indirect.

For example: Susan applied for a position as a receptionist with a large company. At the interview, Susan was asked about her outside interests. Susan listed a number of hobbies including her membership of a gay/lesbian choir. At this point the interviewer concluded the interview saying that he did not feel that Susan would fit into the workplace environment.