Amendments to Sex Discrimination Act

In May 2011 the Australian Parliament passed changes to the federal Sex Discrimination Act .The changes will strengthen the Act by:

• prohibiting direct discrimination on the basis of family responsibilities for both men and women in all areas of employment
• establishing breastfeeding as a separate ground of discrimination, and allowing measures to be taken to accommodate the needs of breastfeeding mothers
• bringing in new protections for students from sexual harassment, including over the internet or by text message.

The Bill also creates the new position of Age Discrimination Commissioner in the Australian Human Rights Commission. Susan Ryan AO was appointed to this position in August 2011.

ERA supported these amendments and welcomes their passage through Parliament. However it is disappointing that amendments to strengthen protections against indirect discrimination on the basis of family responsibilities were opposed in the Senate and did not pass

Background

The Sex Discrimination Act (SDA) amendments are a partial response to the 2008 Senate Committee Review of the Act. Most of the remaining recommendations have been referred to the government’s 'Consolidation Project' for consideration. You can read more about ERA's work on the Consolidation Project here.

ERA made a submission to the Senate Committee inquiry into SDA Amendment Bill and the Committee supported the changes in the Bill in its report.

The Coalition successfully moved amendments in the Senate to reduce the protections included in the Bill (see press release from the Attorney-General). Specifically, the Coalition succeeded in the removal of new protections against indirect discrimination on the basis of family responsibilities in all areas of work.