Sexual orientation, gender identity and intersex status discrimination



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Gender identity discrimination happens when a person is treated less favourably than another person in a similar situation because of that person’s gender-related identity, appearance, mannerisms or other gender-related characteristics of the person. It does not matter what sex a person was assigned at birth or whether the person has undergone any medical intervention.

Intersex status discrimination happens when a person is treated less favourably than another person in a similar situation because that person has physical, hormonal or genetic features that are:

neither wholly female nor wholly male

a combination of female and male, or

neither female nor male.

The SDA also includes protection against discrimination on the basis of sex, pregnancy, breastfeeding, marital status and family responsibilities, as well as protection from sexual harassment. For more information see Sex discrimination at www.humanrights.gov.au/employers.

The SDA protects people across Australia from sexual orientation, gender identity or intersex status discrimination in a number of areas in public life, including employment, education, getting or using services, or renting or buying a house or unit.



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