Sex Discrimination Act
The Sex Discrimination Act, enacted in Australia in 1984, is a pivotal piece of legislation aimed at promoting gender equality by prohibiting discrimination based on gender, marital status, pregnancy, and breastfeeding. It also addresses sexual harassment and established the Office of the Sex Discrimination Commissioner to oversee compliance and support individuals experiencing discrimination. The Act has evolved, notably amended in 2013 to include protections against discrimination based on sexual orientation, gender identity, and intersex status.
This law emerged during a period when many countries, including Australia, were examining women's roles and rights in society, leading to significant changes in the workforce and access to services. Despite its positive impacts on advancing women's rights and changing societal attitudes, challenges remain, such as ongoing gender inequality in pay and representation. Additionally, the Act lacks enforcement authority, meaning individual complaints must often be pursued through lengthy and costly legal processes. As a result, issues of discrimination and harassment may still go unaddressed, highlighting the complexities of achieving true equality.
Sex Discrimination Act
Australia's Sex Discrimination Act, which took effect in 1984, outlawed sexual harassment and prohibited discrimination based on gender, marital status, pregnancy or potential pregnancy, or breastfeeding. It also established the Office of the Sex Discrimination Commissioner. Controversial at the time it was passed, the law has been credited with improving women's rights. The act was amended in 2013 to also prohibit discrimination based on sexual orientation, same-sex marital or relationship status, gender identity, or intersex status.
Background
During the mid-1960s and 1970s many countries began examining women's roles in society and related issues. In most countries, women did not have the same access as men to employment, housing and financial services. For example, prior to 1966, married women in Australia were barred from working in the public sector full-time. Australian banks often refused to give women loans or mortgages without a male guarantor. While many women had joined the labour market, the majority worked in support positions or women-dominated jobs, such as secretaries, nurses and teachers. Their wages, even when doing the same work as a man, typically were much less than what men earned. Australia had one of the most gender-segregated labour forces among industrialised countries. Despite equal pay laws, most Australian women received about two-thirds of the pay men earned for the same work.
The United Nations recognised the need to address issues of equal rights for women and declared 1975 the International Women's Year. It designated the next ten years, 1976 to 1985, the Decade for Women. In 1979 the United Nations adopted the Convention on the Elimination of All Forms of Discrimination Against Women, which many considered a bill of rights for women. It defined sex discrimination and called for nations to take steps to end such practices. Australia signed the convention in 1983, obligating it to prohibit discrimination and providing the constitutional authority to do so.
By this time three states had legislation barring sex discrimination. South Australia passed the first legislation in Australia prohibiting sex discrimination, the Sex Discrimination Act 1975. New South Wales followed suit with the Anti-Discrimination Act 1977, which also prohibited discrimination based on race, colour, national origin, religion and nationality. Victoria also passed anti-sex discrimination legislation in 1977.
In 1981 Labor senator Susan Ryan, from the Australian Capital Territory, introduced a private member's bill on sex discrimination. The two-pronged bill targeted discrimination based on sex, marital status and pregnancy, and called for employers to implement affirmative action in hiring, training and promotion. The bill failed to gain sufficient support, however, and did not come before the Senate for a vote.
Push for Equality
On 2 June 1983 Ryan introduced a modified version of her earlier bill to the Senate as the Sex Discrimination Bill. She eliminated the affirmative action section based on feedback from her first attempt, with the hope to introduce that later. The proposed bill caused immediate controversy. Many people, including some women, opposed it vigorously and organised protests. They claimed it would destroy everything of value to Australians: family life, religion, the economy and the Australian way of life. After much debate, compromise and revision, however, the bill passed and went into effect on 1 August 1984.
The Sex Discrimination Act was intended to provide equal opportunities for women and men. It prohibited discrimination based on gender in employment, education, renting and buying property, and access to insurance, banking, and government and professional services. It also included provisions to prevent discrimination based on marital or relationship status, pregnancy or potential pregnancy, and breastfeeding. It outlawed sexual harassment and established the Office of the Sex Discrimination Commissioner.
Compromises resulted in two broad exemptions: church schools and the military were partly exempt. For example, women were barred from combat duty. The superannuation and insurance sectors were given temporary exemptions to work out the actuarial considerations related to superannuation schemes and life insurance policies before the act applied to them.
Australia's sex-discrimination law was updated several times over the next decades. In 1986 legislation requiring affirmative action was passed. The Affirmative Action (Equal Employment Opportunity for Women) Act 1986 built on the premise that prohibiting sex discrimination was insufficient to provide women and men equal access to employment opportunities. Instead, certain types of employers needed to promote employment opportunities for women. In 2013 the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act extended discrimination and harassment protections to include sexual orientation, same-sex relationship status, gender identity, and intersex status.
Under the Sex Discrimination Act, individuals who experience sex discrimination or harassment can file a complaint with the Australian Human Rights Commission. The president of the commission investigates the complaints and tries to resolve them through conciliation. If an acceptable resolution is not reached, the complainant can file a complaint with the Federal Court of Australia or the Federal Circuit Court of Australia.
Impact
The Sex Discrimination Act helped change Australian society's attitudes about gender roles. Society as a whole became more progressive, and consequently many opportunities became available to women. Gender inequality persisted, however. In the 2010s women made about 17 per cent less money than men and remained underrepresented in industry and government. Gender discrimination and sexual harassment remain problems in many workplaces and elsewhere.
One weakness of the Sex Discrimination Act is that it has no enforcement authority. It cannot force people to abide by the act or punish those who violate it. The Australian Human Rights Commission works with violators brought to their attention, but if the violators do not conform to the act, the commission is powerless to stop them. The only recourse is for the individual who has been discriminated against to take the violator to court, which is an expensive and lengthy process. As many individuals lack the resources to do this, sex discrimination and harassment often goes unchecked.
Bibliography
"About Sex Discrimination." Australian Human Rights Commission, www.humanrights.gov.au/our-work/sex-discrimination/about-sex-discrimination. Accessed 2 Nov. 2017.
Collins, Jade. "Female Leader, Kate Jenkins, Sex Discrimination Commissioner Australia." Femeconomy, 27 Feb. 2017, femeconomy.com/female-leader-kate-jenkins-sex-discrimination-commissioner-australia. Accessed 2 Nov. 2017.
"Complaints under the Sex Discrimination Act." Australian Human Rights Commission, www.humanrights.gov.au/complaints/complaint-guides/what-you-can-complain-about/complaints-under-sex-discrimination-act. Accessed 2 Nov. 2017.
Gaze, Beth. "The Sex Discrimination Act after 25 Years: What Is Its Role in Eliminating Gender Inequality and Discrimination in Australia?" Insights, vol. 7, 2010, pp. 13–17, insights.unimelb.edu.au/vol7/03‗Gaze.html. Accessed 2 Nov. 2017.
"New Protection." Australian Human Rights Commission, 1 Aug. 2013, www.humanrights.gov.au/our-work/sexual-orientation-sex-gender-identity/projects/new-protection. Accessed 2 Nov. 2017.
"On the Historic Passing of the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013." Organisation Intersex International Australia Limited, 25 June 2013, oii.org.au/22713/sex-discrimination-amendment-intersex-status-act. Accessed 2 Nov. 2017.
Ryan, Susan. "The Sex Discrimination Act 1984." New Matilda Policy Portal Archive, Centre for Policy Development, 17 Aug. 2005, cpd.org.au/2005/08/the-sex-discrimination-act-1984. Accessed 2 Nov. 2017.
"Sex Discrimination Act." National Museum Australia, www.nma.gov.au/online‗features/defining‗moments/featured/sex-discrimination-act. Accessed 2 Nov. 2017.
"Sex Discrimination Act Amended to Cover Sexual Orientation, Gender Identity, Intersex Status and Relationship Status." Australian Government Solicitor, 3 July 2013, www.ags.gov.au/publications/express-law/el193.pdf. Accessed 2 Nov. 2017.
Taylor, Lenore. "The Sex Discrimination Act: Why Legislating for Equality Is Not the End of Civilization." The Guardian, 5 Aug. 2016, www.theguardian.com/australia-news/2016/aug/06/the-sex-discrimination-act-why-legislating-for-equality-is-not-the-end-of-civilisation. Accessed 2 Nov. 2017.
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