Work & Employment
Gender Discrimination at Work
How direct and indirect sex discrimination, sexual harassment and hostile workplaces are defined, and the four ways to complain, with the time limits and fees for each.
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In short
Gender discrimination at work means being treated worse because of your sex, pregnancy, family responsibilities or a related ground, or being disadvantaged by a rule that looks neutral. You can complain to the Australian Human Rights Commission for free, and it can end a complaint lodged more than 24 months after the conduct. If you were dismissed, a general protections claim has to be lodged within 21 days.
What gender discrimination at work is
Two federal laws deal with it. The Sex Discrimination Act 1984 makes it unlawful to treat you unfairly because of sex, gender identity, intersex status, sexual orientation, marital or relationship status, family responsibilities, pregnancy or possible pregnancy, or breastfeeding. In employment that covers getting a job, the terms and conditions of a job, training, promotion and dismissal. The Fair Work Act 2009 separately bans adverse action against employees and job applicants for any of 17 protected attributes, which include sex, pregnancy, breastfeeding, gender identity, family or carer’s responsibilities and experiencing family and domestic violence.
Our overview of women’s workplace rights in Australia shows how these laws fit with leave, flexible work and pay rights.
Direct and indirect discrimination
Direct discrimination happens when a person is treated less favourably than a person of a different sex would be in the same or similar circumstances. Indirect discrimination happens when a rule or policy is the same for everyone but has an unfair effect on people of a particular sex. The Commission gives these examples.
| Ground | Direct | Indirect |
|---|---|---|
| Sex | Male employees are paid more than employees of a different sex doing the same work | A policy says managers must work full time, which may disadvantage women, who are more likely to need part-time work to care for children |
| Pregnancy | An employer refuses to employ a woman because she is pregnant or may become pregnant | A policy requires every employee to wear a uniform that a pregnant employee cannot comfortably wear |
| Breastfeeding | An employer treats a woman worse because she is breastfeeding or needs to over a period of time | An employer bars staff from short breaks at set times, which disadvantages women who need to express milk |
| Marital or relationship status | A company will not employ a married woman because it assumes she will want to start a family | Allowances for remote work are offered only to married employees, which disadvantages single employees and those in de facto relationships |
Family responsibilities are covered as well. The Commission says it may be discrimination for an employer to refuse to employ a person, demote them or cut their hours because they need to care for a family member.
The Fair Work Ombudsman gives examples too. Sally, an account manager, is told she cannot attend a training course because she is pregnant. Isabella is not hired after telling the interviewer she has left her ex-partner and is experiencing family and domestic violence. Both are discrimination because each is treated differently from other people for a protected attribute.
What counts as discriminatory action
Discrimination can happen to someone applying for a job, a new employee who has not started, or an employee at any point. Under the Fair Work Act, the action can include:
- firing an employee
- injuring the employee in their employment, for example by not giving them legal entitlements such as pay or leave
- changing the employee’s job to their disadvantage
- treating the employee differently from others
- not hiring someone
- offering a job applicant different and unfair terms and conditions.
Doing, threatening or organising any of these is adverse action. It is unlawful when the reason is a protected attribute.
When it is not discrimination
Adverse action is not unlawful discrimination if another law allows it, if it is taken against an employee of a religious institution to avoid harming the organisation’s religious beliefs, if it has nothing to do with a protected attribute, or if it relates to the necessary requirements of the job. A manager who changes someone’s duties because of poor performance, with no link to a protected attribute, has not discriminated.
Sexual harassment, sex-based harassment and hostile workplaces
The Sex Discrimination Act also covers behaviour that sits next to discrimination.
- Sexual harassment is any unwelcome sexual behaviour likely to offend, humiliate or intimidate. The Commission’s examples include unwelcome touching, staring or leering, suggestive comments or jokes, requests for sex, sexually explicit texts and intrusive questions about your private life or body.
- Sex-based harassment is unwelcome conduct of a demeaning nature because of a person’s sex. Since December 2022 it no longer has to be “seriously” demeaning.
- A hostile workplace environment on the ground of sex is also unlawful, where a reasonable person would have anticipated that the conduct could make the workplace offensive, intimidating or humiliating for people of that sex.
Since December 2022, employers and other businesses also have a positive duty to take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment, sex-based harassment, hostile workplace environments and related victimisation at work. The duty applies whatever the size of the business. In some circumstances it extends to conduct by customers, clients and other third parties.
How common workplace sexual harassment is
The Commission’s fifth national survey, in 2022, asked over 10,000 people aged 15 and over. It is still the latest national survey. The Commission’s 2026 assessment asks the government to fund a sixth.
- 33% of people (41% of women and 26% of men) had been sexually harassed at work in the previous five years, and 19% in the previous 12 months.
- 77% of people harassed at work were harassed by a man, including 91% of the women.
- 67% of people harassed at work reported negative mental health effects.
- Only 18% made a formal report or complaint. Of those who did, 40% said nothing changed at their workplace.
View the data
| Share harassed at work | |
|---|---|
| All people | 33% |
| People aged 15–17 | 47% |
| People aged 18–29 | 46% |
| People with disability | 48% |
| Aboriginal and Torres Strait Islander people | 56% |
| People with an intersex variation | 70% |
The most common forms were sexually suggestive comments or jokes (27%), intrusive questions about private life or appearance (23%), and staring or leering and unwelcome touching (each 19%).
Before you act
You can try to deal with it yourself first by raising it with the person, your manager, human resources, a health and safety representative or your union, if it is safe to do so. You do not have to speak to anyone at your workplace before going to an outside body, and you do not have to make an internal complaint first.
Whichever route you choose, you will need to explain what happened, when and where it happened and who was involved. The Commission asks you to set that out in writing.
Your options for making a complaint
| Route | Best for | What happens | Time limit |
|---|---|---|---|
| Australian Human Rights Commission complaint | Discrimination or sexual harassment under the Sex Discrimination Act | Free and in writing. The Commission tries to resolve it through conciliation. It is not a court and cannot decide that discrimination happened. If the complaint ends unresolved, you can apply to the Federal Circuit and Family Court or the Federal Court, usually within 60 days | 24 months; the Commission can end a later complaint |
| Fair Work Commission: general protections (dismissal) | Dismissal you think was because of discrimination or use of a workplace right | You apply to the Commission before going to court | 21 days from the day after dismissal |
| Fair Work Commission: general protections (no dismissal) | Other adverse action, such as a demotion, cut hours or refusal to hire | The Commission can help the parties try to agree. You can instead go straight to a federal court. There is an application fee, which can be waived for serious financial hardship | Up to 6 years after the action |
| Fair Work Commission: sexual harassment application | Sexual harassment in connection with work. Open to contractors, labour hire workers and others as well as employees | You can ask for an order to stop the harassment, for help dealing with the dispute another way, or both. The application fee for 2026–27 is $92.70 | Usually 2 years from the last alleged conduct |
You usually have to pick one route
The law limits you to one path for the same conduct. You cannot start a general protections application if you have already made an application under anti-discrimination laws about the same action. In the same way, if you complain to the Australian Human Rights Commission, you cannot also ask the Fair Work Commission to help resolve the dispute, unless that application is only for an order to stop sexual harassment. Because of this, speak to a lawyer, a community legal centre or your union before you file anything.
What the Fair Work Commission can order
If a Commission Member finds that you were sexually harassed and are at risk of more, the Member may make an order to stop it. Where the parties agree to consent arbitration, the Commission can also give an opinion and make orders for compensation, for lost pay, or for a person to take steps such as changing their behaviour or attending training. The person or organisation you name has 7 days to respond.
Other bodies
State and territory human rights, anti-discrimination and equal opportunity agencies, and work health and safety regulators, may also be able to help. Some sexual harassment is also a crime, and you can contact police on 131 444. If you feel unsafe at any time, call 000. If you are distressed, you can call 1800RESPECT on 1800 737 732 or Lifeline on 13 11 14.
Getting advice
You do not need a lawyer to complain to the Australian Human Rights Commission, and you can have a lawyer, advocate or union make the complaint for you. The Commission’s information line is 1300 656 419. The Fair Work Infoline on 13 13 94 can explain workplace entitlements. Legal aid and community legal centres give free advice on discrimination and harassment. This page is general information, not legal advice.
For how discrimination feeds into earnings, see Why the Gender Pay Gap Persists in Australia and Parental Leave in Australia.
Sources
All sources checked on 15 October 2026.
- Australian Human Rights Commission, Sex discrimination complaints. Updated 11 February 2026.
- Australian Human Rights Commission, Make a complaint. Updated 16 September 2026.
- Australian Human Rights Commission, Workplace sexual harassment and discrimination laws. Updated 9 July 2026.
- Australian Human Rights Commission, Australian Human Rights Assessment 2026: Gender equality and safety. 22 April 2026.
- Australian Human Rights Commission, Time for respect: Fifth national survey on sexual harassment in Australian workplaces (2022), infographics. November 2022.
- Fair Work Ombudsman, Protection from discrimination at work. Last updated 17 June 2026.
- Fair Work Ombudsman, Protections at work. Last updated 10 August 2026.
- Fair Work Commission, General protections applications not involving dismissal. Last updated 27 March 2026.
- Fair Work Commission, What you can do if you’ve been sexually harassed. Last updated 3 July 2026.
- Fair Work Commission, Who can make a sexual harassment application. Last updated 1 May 2026.
- Fair Work Commission, How we deal with sexual harassment cases. Accessed 15 October 2026.
Frequently asked questions
What counts as gender discrimination at work?
Treating you worse than someone of a different sex would be treated in the same or similar circumstances is direct discrimination. Applying a rule that looks the same for everyone but unfairly disadvantages people of one sex is indirect discrimination. Both are unlawful under the Sex Discrimination Act, which also covers pregnancy, breastfeeding and family responsibilities.
Is it discrimination if I am treated differently because I am pregnant?
Yes. Pregnancy is a protected attribute under the Fair Work Act and a ground of discrimination under the Sex Discrimination Act. An employer cannot refuse to hire you, dismiss you, demote you or treat you differently from other staff because you are pregnant or may become pregnant.
How long do I have to make a gender discrimination complaint?
It depends on the route. The Australian Human Rights Commission can end a complaint lodged more than 24 months after the conduct. A general protections claim about a dismissal must be lodged within 21 days. A general protections claim not involving dismissal can be made up to 6 years after the action. A sexual harassment application to the Fair Work Commission should usually be made within 2 years.
Does it cost anything to complain to the Australian Human Rights Commission?
No. A complaint is free, and you do not need a lawyer. It has to be in writing. The Commission tries to resolve the complaint through conciliation but is not a court and cannot decide that discrimination happened.
Can I go to court if my discrimination complaint is not resolved?
Possibly. If the Commission ends your complaint, you may be able to apply to the Federal Circuit and Family Court of Australia or the Federal Court within 60 days. In some cases you need the court's permission first. The Commission cannot take the case to court for you.
Can I make both an Australian Human Rights Commission complaint and a Fair Work Commission claim?
Generally not for the same conduct. You cannot start a general protections application if you have already made an application under anti-discrimination laws about the same action, and you cannot ask the Fair Work Commission to help resolve a sexual harassment dispute if you have complained to the Australian Human Rights Commission. The exception is a Fair Work Commission application that only asks for an order to stop sexual harassment.
What is the positive duty?
Since December 2022, employers and other businesses have a duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment, sex-based harassment, hostile workplace environments on the ground of sex and related victimisation at work. The Commission can monitor and enforce compliance.
How many people are sexually harassed at work?
In the Australian Human Rights Commission's 2022 national survey, 33% of people had been sexually harassed at work in the previous five years, including 41% of women and 26% of men. Only 18% of people who were harassed made a formal report or complaint.
About this page
Written by the editorial team at Equality Rights Australia. We checked every figure on this page against its official source on 15 October 2026. Read our editorial standards and how we check figures.