Victoria Legal Aid

Sexual orientation and gender identity discrimination

It is against the law for an employer, school, or service provider to treat you badly because of your sexual orientation, gender identity or intersex status.

It is against the law for an employer, school, or service provider to treat you badly or unfairly because of your sexual orientation, gender identity or intersex status.

What the law says

Commonwealth and state laws say that it is wrong to discriminate against someone because of their sexual orientation, gender identity or intersex status in certain areas of public life.

Sexual orientation and gender identity discrimination includes:

  • an employer refusing to hire someone because of their sexual orientation or gender identity
  • an employer insisting on misgendering a transgender or gender diverse employee
  • an organisation refusing to provide a service to someone because of their sexual orientation or gender identity, or providing the service in a way that disadvantages people because of their sexual orientation or gender identity
  • a school refusing to allow a student to bring a same sex partner to a school event where other partners are welcome
  • a school insisting on a transgender student wearing the uniform or using the bathroom of the gender they were assigned at birth.

For more information see Discrimination and victimisation.

Other support

Find out how you can get other support for discrimination.

We can help you understand your rights, learn more about whether you can make a discrimination complaint, and help you to take action. We have highly skilled lawyers who specialise in discrimination law and can help you to take action to stop discrimination against you and others.

Most of the time you don’t need to go to court to get results. You can get a positive outcome and help change things for the better by writing a letter of complaint. If you are eligible for our help we can help you to negotiate a result or take your matter to court if necessary.

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 12 April 2022

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