An analysis of discrimination for homosexuality in new south wales

Same-sex marriage in the United Kingdom Same-sex marriage in the United Kingdom has been the subject of wide debate since the decriminalisation of homosexuality in Britain.

An analysis of discrimination for homosexuality in new south wales

It occurs when one person is treated less favourably on the basis of an attribute such as sex, race or disability when compared with how a person without the attribute would be treated in the same or similar circumstances.

In general terms, it occurs where there is a requirement or condition that applies generally, but has the effect of disadvantaging a particular group and is unreasonable in all of the circumstances.

The RDA has very limited exemptions, none of which are immediately relevant to the employment context. The DDA also includes a range of general exemptions. The ADA contains a broad range of exemptions including, relevant to the employment context, an exemption for youth wages [37] and exempted employment programs.

Exemptions can only be granted for purposes that further the objects of the respective Act. They may be subject to conditions set by HREOC and are provided for a term of no more than five years.

HREOC has developed public guidelines that set out the basis upon which it makes exemption decisions. While ILO discrimination overlaps with unlawful discrimination, it is also significantly different in the following respects: Unlawful discrimination applies to a range of non-employment situations such as education, the provision of goods and services but is narrower in the discriminatory grounds that it covers unlawful discrimination does not cover areas such as sexual preference, criminal record, political opinion.

There are also different complaints mechanisms for unlawful discrimination complaints and ILO discrimination complaints: In both cases, complaints are investigated by HREOC with a view to conciliation; [47] In unlawful discrimination matters, if the complaint cannot be resolved by conciliation, or is not appropriate for conciliation, it is terminated by the President of HREOC and the complainant can bring an action in the Federal Magistrates Court or Federal Court.

Social Media

Under the SDA, only discrimination by an employer is made unlawful, [55] but both employers and employees are liable for acts of sexual harassment. Employer liability Each of the federal unlawful discrimination Acts provides for vicarious liability.

This is discussed further below. Case law in this area emphasises the importance of implementing effective education programs to limit discriminatory conduct by employees and the necessity of such programs for employers to avoid being held vicariously liable for the acts of their employees Perfection is not the requisite level — only reasonableness.

The applicant had been unable to board a train because the guard had not allowed sufficient time for her to do so, by closing the doors without warning while the applicant was attempting to board. On the issue of vicarious liability, Raphael FM held that the respondent had taken reasonable precautions and exercised due diligence to avoid any discriminatory conduct by its employees.

It is not necessary for a respondent to be aware of an incident of harassment for vicarious liability to apply. The requirement of reasonableness applies to the nature of the steps actually taken and not to determine whether it was reasonable to have taken steps in the first place.

The employer or principal must take some steps, the precise nature of which will be different according to the circumstances of the employer. Large corporations will be expected to do more than small businesses in order to be held to have acted reasonably.

It should be available in written form and communicated to all members of the workforce. Continuing education on sexual harassment should also be undertaken. It is no excuse to a claim of sexual harassment to argue that an employee was not authorised to harass people which might otherwise take the act outside the sphere of employment.

She was subjected to a range of behaviour found to constitute sexual harassment, including inappropriate remarks and touching.Request PDF on ResearchGate | Sexual diversity, discrimination and ‘homosexuality policy’ in New South Wales' government schools | Lesbians and gay men have historically been derided, harassed, silenced and made invisible in Australia.

Homosexual discrimination is against the law in the following areas: The new offence of publicly threatening or inciting violence section 93Z, Crimes Act replaced the “serious vilification” offences in NSW anti-discrimination law on 13 August ”.

The prohibition on discrimination in employment is a relatively recent, but now well-established, feature of the Australian legal environment. Laws prohibiting discrimination in the workplace in Australia date back to when South Australia introduced the Prohibition of Discrimination Act (SA), to prohibit discrimination on the grounds of race in aspects of employment and in the.

An analysis of discrimination for homosexuality in new south wales

This provides the background for a review of New South Wales Government education policy on ‘homosexuality’ and argues that this policy ultimately reinforces unhelpful discourses about sexual diversity, and fails to reflect the complexities and fluidities of sexual identities.

In ACON published a GAP analysis of NSW domestic violence support services in relation to gay, lesbian, bisexual, transgender and intersex (GLBTI) communities in NSW. Homosexuality is the condition of "sexual desire or behavior directed toward a person or persons of one's own sex.".

Homosexuality has a number of causal factors that influence its ultimate origination in individuals; these factors will be addressed shortly. In addition, homosexuality has a variety of effects on individuals and, some of the historical events, religious matters.

Australian schools must promote LGBT-inclusive education