This occurs where a person is treated unfavourably because they have a responsibility to provide care for a family member, such as a dependent child or a frail elderly parent. This discrimination also occurs when people are treated unfavourably because of assumptions made about people with caring responsibilities. For example, it is discrimination if an employer decides not to hire a job applicant because that person is the sole carer for a spouse with disability and the employer assumes that the applicant will be frequently late for work.

Legislation:

Areas of discrimination on basis of family responsibilities under SA law

In South Australia it is illegal under Part 5B of the Equal Opportunity Act 1984 (SA) to discriminate on the ground of family responsibilities. This means the responsibility to provide care for a dependent child or for an immediate family member who is in need of care and support.

Immediate family members include spouses and domestic partners, children, parents, siblings, grandparents, grandchildren and the corresponding relatives of one’s spouse or partner [s 5]. They also include a person to whom an Aboriginal or Torres Strait Islander person owes a responsibility of care or support under applicable kinship rules.

It is unlawful to discriminate based on a person’s caring responsibilities in:

Exemptions

There are exemptions in the following circumstances:

Areas of discrimination on basis of family responsibilities under Commonwealth law

Discrimination on the basis of family caring responsibilities is also prohibited under Commonwealth law.

Under sections 4A and 7A of the Sex Discrimination Act 1984 (Cth), the definition of family responsibilities is the same as in South Australian law, but discrimination on this ground is only unlawful if it occurs in relation to the person's work or selection for work.

Discrimination at work on the basis of family responsibilities is also prohibited under the Commonwealth Fair Work Act 2009 (Cth) and, in that case, any type of adverse action at work is covered.

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.