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Discrimination & sexual harassment
Discrimination
Discrimination means being treated unfairly or not as well as others because of things like your sex, race or marital status. The law says that everyone is equal, regardless of things like their sex, race, marital status, physical features, disability, religion, sexuality, gender identity and political views.
Discrimination, including sexual harassment, is unlawful if it happens:
- at school
- at work
- in accommodation
- during sporting activities
- in local government
- at public or publicly funded clubs and community organisations
- when you receive goods or services.
For example, it is illegal to refuse to serve someone because of their race, or for a landlord or real estate agent to refuse to rent a house to an unmarried couple. It is also illegal for someone to discriminate against you because you associate with someone who has, for example, a disability or certain religious views.
It is also illegal to spread negative information about someone (‘vilify’ them) because of their racial or religious background. This includes things like racist graffiti.
In some cases discrimination may not be unlawful – for example, when racist comments are made in a play or performance. But even in these situations the behaviour has to be reasonable – the comments must fit the situation and be made ‘in good faith’ (honestly and sincerely).
Sexual harassment
Sexual harassment can happen to people of any gender. Harassers can be people of any age: adults or young people.
Sexual harassment is unwelcome sexual behaviour that offends, humiliates or intimidates you. It can include things like:
- telling smutty jokes
- staring and leering
- comments about a person’s sexual behaviour
- offensive pictures
- sending offensive materia by text message or email
- touching, pinching or brushing up against someone unnecessarily
- kissing or hugging someone against their will.
Sexual behaviour that you agree to because you are scared or pushed into is also sexual harassment.
Sexual harassment is unlawful. If the behaviour is serious it could also be a criminal offence. Get help.
It is not sexual harassment if it is flirtation or other sexual behaviour that you both agree to. None of this stops you developing friendships, sexual or otherwise, with people your age.
More information
Discrimination (general information)
Related publications
Using disability discrimination law
Related websites
youthcentral – know your rights (new window)
How we can help
Victoria Legal Aid doesn’t give legal advice about discrimination matters, but our free Legal Information Service may be able to give you some information over the phone. We may also be able to refer you to another organisation that can help you. You can speak to a legal information officer in English or ask for an interpreter.
Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
To find out more about any of our legal services see What we do.
Who else can help?
Victorian Equal Opportunity and Human Rights Commission
The Victorian Equal Opportunity and Human Rights Commission (new window) can give you information and advice about making a discrimination complaint. Contact them on (03) 9281 7100 (TTY: (03) 9281 7110) or email complaints@veohrc.vic.gov.au. The advice line operates 9 am to 5 pm weekdays, except Wednesday, when its hours are 9 am to 1 pm.
Human Rights Commission
The Human Rights Commission (new window) can give you advice about making a discrimination complaint under federal law. Contact the infoline on 1300 656 419 (TTY: 1800 620 241) or email complaintsinfo@humanrights.gov.au.
Disability Discrimination Legal Service
The Disability Discrimination Legal Service (new window) provides free legal advice and assistance to anyone who wants to lodge a complaint about being discriminated against on the grounds of their disability. Contact them on (03) 9654 8644 (TTY: (03) 9654 6817) or 1300 882 872 (country callers).