Marital or domestic partnership status

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 gay 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 the Equal Opportunity Act 1984 (SA) it is illegal to discriminate against a person on the basis of their marital status. Marital status includes:

Discrimination is prohibited in the following areas:

Exemptions

Areas of discrimination on basis of marital or relationship status under Commonwealth law

As with the SA legislation, discrimination on the basis of marital status is prohibited under Commonwealth law. Marital status means the same as in South Australian law.

Discrimination on the basis of marital status is prohibited in the following areas:

Exemptions

Accommodation

Employment - it is not unlawful to discriminate on the grounds of marital status:

A complaint about marital or partnership 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 or the Equal Opportunity Commission. There is no cost to lodge a complaint in either the Equal Opportunity Commission of South Australia or the Australian Human Rights 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 can may made to the Fair Work Commission, see the Employment chapter of the handbook 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 6 months previously.

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.

General Protections claims relating to dismissal have a 21 day time limit (from the date of notice of dismissal) in the Fair Work Commission.