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Discrimination needs to stop
The Lobby fights discrimination against lesbians and gay men.
If you would like to help or make a donation to our work, please contact us.
You dont have to be experienced to get involved. You just have to want to make a difference.
FACT SHEET: Workplace discrimination |
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Workplace discrimination
The Pink Ceiling is Too Low
The Gay and Lesbian Rights Lobby and Australian Centre for Lesbian and
Gay Research have recently completed research, The
Pink Ceiling is Too Low (1999), which shows that workplace discrimination
against lesbians, gay men and transgender people is very prevalent.
Workplace discrimination is widespread
Discrimination is common and occurs in all occupations and industries. It can occur whether you work for a large or small organisation; whether youre a boss or just starting out.
Discrimination at work takes a variety of forms
This varies from dismissal or abuse to more subtle forms of ostracism
and exclusion. Ridicule, belittling and homophobic jokes are among the
most frequent.
Harassment, destruction of property and violence also occurs in and around
the workplace. Research into violence against lesbians has revealed that
perpetrators are often work colleagues rather than strangers.
Not surprisingly, discrimination has serious effects on health, work performance
and career opportunities.
Key findings of our research
- 900 gay men, lesbians and transgender people from NSW, the ACT and Victoria participated in the research.
- 52.8% of participants had been the subject of harassment or discrimination in their current employment.
- 50.3% of participants were ridiculed in front of colleagues or subject to homophobic remarks or jokes in the workplace.
- 28.3% of participants had been the subject of aggressive, inappropriate or unwelcome questions about their status and 21.7% of participants had been outed in the workplace against their will.
- 11.3% of participants had experienced verbal abuse, including threats of physical and sexual abuse.
- Over 17% of participants felt that their careers had probably been restricted because of their homosexuality.
Workplace discrimination is not legal
Discrimination on the basis of homosexuality or because you are transgender
is unlawful in NSW under the Anti-Discrimination Act 1977. There are also
often clauses in awards which mean that discrimination on many grounds,
including sexuality, is not allowed. In cases where the lesbian, gay man
or transgender person is sacked, they may also be able to make a claim
of unfair dismissal.
Unfortunately, exemptions in the Anti-Discrimination Act undermine its
effectiveness. For example, gay and lesbian teachers have been dismissed
from private schools and can do little about it as these institutions
are allowed to discriminate under the Act. Religious bodies also operate
effectively outside the law.
Some discrimination is caused by governments
Employment discrimination includes denying benefits to partners and other family members such as parental leave, relocation expenses, partner travel and superannuation, including the denial of death benefits. If you want to find our more about couple benefits or superannuation, see our fact sheets on these topics.
What to do if you are discriminated against at work
There are a range of options depending on your workplace and other circumstances. If you are discriminated against on the basis of homosexuality or transgender status (including being dismissed), you can make a complaint to the Anti-Discrimination Board. You may have an unfair dismissal claim if you have been fired and can make a claim in the industrial courts. Many workplaces have mechanisms such as equal opportunity policies and practices which enable you to make a complaint without going to an outside body if you wish. And your union should help you (if youre a member) regardless of whether your workplace has such policies.
What makes a good workplace
It wasnt all bad news. Our research also revealed that some gay
men, lesbians and trannies worked in supportive environments where they
were able to produce their best work without fear or favour.
Positive experiences happened in workplaces characterised by a workplace
culture that promoted difference. Homophobic behaviour and attitudes were
not tolerated. These workplaces often had policies and practices that
ensured everyone got a fair go. Trannies, gays and lesbians were able
to feel safe and their contribution was valued.
Unions need to help
Your union is there to represent all its members and ensure they are
treated fairly. It should help you if you are experiencing discrimination.
One of the most disappointing findings of The Pink Ceiling is Too Low
was that few people had received help from their union. However, the union
movement has given a clear signal that it wants to change this and the
report was launched by then ACTU President Jennie George. So if you want
this situation to change, tell your union about the report and ask it
to help make positive changes in your workplace and industry.