Prohibition of discrimination etc. Part II
Discrimination in work Division 1
Section 14
Part II—Prohibition of discrimination etc.
Division 1—Discrimination in work
14 Discrimination in employment or in superannuation
(1) It is unlawful for an employer to discriminate against a person on
the ground of the person’s sex, sexual orientation, gender identity,
intersex status, marital or relationship status, pregnancy or
potential pregnancy, breastfeeding or family responsibilities:
(a) in the arrangements made for the purpose of determining
who should be offered employment;
(b) in determining who should be offered employment; or
(c) in the terms or conditions on which employment is offered.
(2) It is unlawful for an employer to discriminate against an employee
on the ground of the employee’s sex, sexual orientation, gender
identity, intersex status, marital or relationship status, pregnancy or
potential pregnancy, breastfeeding or family responsibilities:
(a) in the terms or conditions of employment that the employer
affords the employee;
(b) by denying the employee access, or limiting the employee’s
access, to opportunities for promotion, transfer or training, or
to any other benefits associated with employment;
(c) by dismissing the employee; or
(d) by subjecting the employee to any other detriment.
(3) Nothing in paragraph (1)(a) or (b) renders it unlawful for a person
to discriminate against another person, on the ground of the other
person’s sex, in connection with employment to perform domestic
duties on the premises on which the first-mentioned person resides.
(4) Where a person exercises a discretion in relation to the payment of
a superannuation benefit to or in respect of a member of a
superannuation fund, it is unlawful for the person to discriminate,
in the exercise of the discretion, against the member or another
Sex Discrimination Act 1984
Compilation No. 42
Compilation date: 11/09/2021
Authorised Version C2021C00420 registered 08/10/2021
29
Registered: 08/10/2021