Marital or domestic partnership status discrimination occurs where a person is treated unfavourably in public life because they are married or single, divorced, living in a de facto relationship or living with a same-sex partner, or because of characteristics that people of a particular marital status are presumed to have. One example would be refusing to let a flat to a same-sex couple. Another would be overlooking job applications from single people in the belief that they are not sufficiently settled.
Legislation:
Areas of discrimination on basis of marital or partnership status under SA law
Under Part 5B of the Equal Opportunity Act 1984 (SA) it is illegal to discriminate against a person on the basis of their marital or domestic partnership status. Marital or domestic partnership status includes:
It covers relationships of opposite sex and same-sex.
Discrimination is prohibited in the following areas:
Exemptions
There are exemptions in the following circumstances:
Areas of discrimination on basis of marital or relationship status under Commonwealth law
As with the SA legislation, discrimination on the basis of marital or relationship status is prohibited under Commonwealth law. Marital or relationship status means the same as in South Australian law.
Discrimination on the basis of marital status is prohibited in the following areas:
Exemptions
There are exemptions in the following circumstances.
Accommodation
Employment - it is not unlawful to discriminate on the grounds of marital or relationship status:
A complaint about marital or relationship status discrimination at work can also be made to the Fair Work Ombudsman.
Making a complaint
Complaints can be made to the Australian Human Rights Commission (Cth) or the Equal Opportunity Commission (SA). There is no cost to lodge a complaint in either Commission. For forms and guides on making a complaint see the websites of the Equal Opportunity Commission and the Australian Human Rights Commission.
For complaints relating to discrimination in employment, claims may be made to the Fair Work Commission, see the Employment chapter on protected workplace rights: General Protections.
Time limits: The Australian Human Rights Commissioner may decide not to take any action for complaints on acts committed more than 2 years (24 months) previously [Australian Human Rights Commission Act 1986 (Cth) s 46PH]. Until 12 December 2022, this time period was 6 months, except for complaints pursuant to the Sex Discrimination Act 1984 (Cth) which was 2 years. The Equal Opportunity Commission requires a complaint to be made within 12 months of the event being complained of, but can grant extensions of time [Equal Opportunity Act 1984 (SA) s 93]. General protections claims relating to dismissal have a 21 day time limit (from the date of notice of dismissal) in the Fair Work Commission, unless exceptional circumstances justify an extension of time [Fair Work Act 2009 (Cth) s 394]. |