Sex Discrimination Section 7A Family responsibilities Section 3 Limitation: Act 1984 (Cth) are defined as for As noted by the For the purposes of this Act, an children and objects of this Act HREOC submission to ‘The employer discriminates against an immediate family are: the relevant Senate employee on the ground of the members. (a) to give effect to certain Inquiry there are employee’s family responsibilities provisions of the problems with this if: Convention on the definition of carers (a) the employer treats the Elimination of All Forms of with the limitation of employee less favourably than the Discrimination Against the definition of care employer treats, or would treat, a Women and to provisions to immediate family person without family of other relevant members only. responsibilities in circumstances international instruments; that are the same or not materially and It is that this fails different; and (b) to eliminate, so far as to protection ‘provide (b) the less favourable treatment is is possible, discrimination to workers based on by reason of: against persons on the the nature of their (i) the family responsibilities of the ground of sex, marital responsibilities rather employee; or status, pregnancy or than the more (ii) a characteristic that appertains potential pregnancy or arbitrary nature of generally to persons with family breastfeeding in the areas their relationship to responsibilities; or of work, accommodation, the person requiring (iii) a characteristic that is education, the provision of care’. generally imputed to persons with goods, facilities and family responsibilities. services, the disposal of The Commission has land, the activities of recommended that Special measures intended to clubs and the the Human Rights and achieve equality administration of Anti-Discrimination (1) A person may take special Commonwealth laws and Bill cover measures for the purpose of programs; and discrimination on the achieving substantive equality (ba) to eliminate, so far as basis of family between: possible, discrimination on responsibilities in all (a) men and women; or the ground of family areas of public life (b) people of different marital and that status; or discrimination on the
Sex Discrimination Act 1984 (Cth) Section 7A For the purposes of this Act, an employer discriminates against an employee on the ground of the employee’s family responsibilities if: (a) the employer treats the employee less favourably than the employer treats, or would treat, a person without family responsibilities in circumstances that are the same or not materially different; and (b) the less favourable treatment is by reason of: (i) the family responsibilities of the employee; or (ii) a characteristic that appertains generally to persons with family responsibilities; or (iii) a characteristic that is generally imputed to persons with family responsibilities. Special measures intended to achieve equality (1) A person may take special measures for the purpose of achieving substantive equality between: (a) men and women; or (b) people of different marital status; or Family responsibilities are defined as for children and immediate family members. Section 3 ‘The objects of this Act are: (a) to give effect to certain provisions of the Convention on the Elimination of All Forms of Discrimination Against Women and to provisions of other relevant international instruments; and (b) to eliminate, so far as is possible, discrimination against persons on the ground of sex, marital status, pregnancy or potential pregnancy or breastfeeding in the areas of work, accommodation, education, the provision of goods, facilities and services, the disposal of land, the activities of clubs and the administration of Commonwealth laws and programs; and (ba) to eliminate, so far as possible, discrimination on the ground of family Limitation: As noted by the HREOC submission to the relevant Senate Inquiry there are problems with this definition of carers with the limitation of the definition of care to immediate family members only. It is that this fails to ‘provide protection to workers based on the nature of their responsibilities rather than the more arbitrary nature of their relationship to the person requiring care’. The Commission has recommended that the Human Rights and Anti-Discrimination Bill cover discrimination on the basis of family responsibilities in all areas of public life and that discrimination on the
UnpaidcaringVOL2_2013.docx