Lesbian discrimination — Your Rights
 Is discrimination or harassment against lesbians against the law?
Vilification is also against the law
What can I do if I’m treated unfairly or harassed because I’m lesbian?
Is there a time limit on complaints?
Investigating a complaint
Some complaints we have handled
Is discrimination or harassment against lesbians against the law?
Many types of lesbian discrimination, lesbian harassment and homophobic behaviour are against the law in NSW. It is generally against the law to treat you unfairly or harass you because:
- you are a lesbian
- someone thinks you are a lesbian
- you have a relative, friend or work colleague who is a lesbian or who someone thinks is a lesbian.
It is against the law to do this:
- in most types of employment — when you apply for a job, at any time during your employment, or when you leave a job
- when you get, or try to get, most types of goods or services — for example, from shops, pubs and entertainment places, banks, lawyers, government departments, doctors, hospitals
- when you rent or try to rent accommodation — including a hotel room, motel room, unit, house, caravan or commercial premises
- when you apply to get into, or are studying in any State education institution — State school, college, TAFE, university
- when you try to enter or join a registered club, or when you’re inside one — a registered club includes any club that sells alcohol or has gambling machines.
It is also against the law to have any rule or policy that disadvantages lesbians more than heterosexuals — unless that rule or policy is reasonable. It is against the law to do this in any of the circumstances listed above. For example, depending on the circumstances, it may be against the law for an employer to give benefits to their employees’ spouses and heterosexual de facto partners and not to homosexual employees’ partners.Vilification is also against the law
It is also against the law to do anything publicly that could encourage anti-lesbian hatred, serious contempt, or severe ridicule against you or other lesbians. This means that the following examples could be against the law:
- graffiti that vilifies lesbians
- speeches and statements made in public that vilify lesbians
- abuse that happens in public that vilifies lesbians
- statements or remarks in a newspaper or journal or on the radio or television that vilify lesbians
- people wearing symbols (such as badges), or clothing with slogans in public that vilify lesbians
- gestures made in public that vilify lesbians
- publications that vilify lesbians
- posters or stickers in a public place that vilify lesbians.
For more information about this part of the law, check our factsheet - Vilification — Your rights What can I do if I’m treated unfairly or harassed because I’m lesbian?
Read through this factsheet to check that what’s happened seems to be against the law. If you aren’t sure if it’s against the law, phone us to check on your rights.
If what’s happened seems to be against the law, you can try talking to the person or organisation that you think is discriminating against or harassing you. The organisation may have a policy on these issues and/or a process in place to deal with grievances, and you may be able to address your problem through these channels. You can also get help from other sources such as trade unions.
If this doesn’t work, or isn’t appropriate, you may decide to make a complaint to the Anti-Discrimination Board. If you make a complaint, it must be in writing and it is best if it is signed by you. You can either send us a completed discrimination complaints form, or write a letter to the President of the Anti-Discrimination Board, explaining why you think you have been discriminated against. You can write to us in any language or in braille.
We also accept complaints on your behalf from your lawyer, or organisations such as unions and other representative bodies. However the complaint must make it clear that you agree with the complaint being made and you must be named in the complaint. In some circumstances you may also be required to show you consent to the complaint being made on your behalf. If you want to make a complaint on behalf of a child or a person with a disability, contact the Board for more information.
Is there a time limit on complaints?
Yes. For us to be able to accept a complaint, the events involving unfair treatment because you are a lesbian must have occurred in the twelve months before the complaint is received by the Board. If you make a complaint about events, which occurred more than twelve months before you lodge your complaint, the Board may refuse to investigate your complaint.
Investigating a complaint
We have the legal power to investigate your complaint, and if it’s against the law, to try to conciliate it. This means that we will try to help you and the person or organisation you are complaining about reach a private settlement that you both agree on. Any settlement will depend on the circumstances of your case and on what you and the other parties are willing to offer and accept. It could be an apology, financial compensation, transfer to another position, the person who harassed you being transferred, reprimanded or sent on a training course about harassment, and so on.
We treat all complaints confidentially and our services are free. We will need to inform the organisation or person you are complaining about of the complaint. We will not release information about your complaint to anyone else except with your permission or if we are required to by law. It is against the law for anyone to hassle or victimise you because you’ve complained to us.
Most complaints are conciliated. If yours isn’t, you may go to the Equal Opportunity Division of the Administrative Decisions Tribunal which is like a court. It provides a legal judgment that must be followed. However, very few cases need to go to the Tribunal and in some circumstance it’s possible to ask the Tribunal to keep your details confidential.
Some complaints we have handled
1. Before two women were transferred to a new predominantly male workplace, rumours were circulated that ‘two dykes were coming’. On arrival they were questioned about their sexual preference by the branch manager and were subjected to ongoing harassment by some of their fellow employees. In conciliation a substantial monetary compensation was negotiated. Also, a senior Anti-Discrimination Board officer conducted a series of seminars on discrimination which all the staff in the branch were required to attend.
2. A lesbian complained that she was refused accommodation by a real estate agent when she made it clear to the agent that she was intending to share the accommodation with her female lover. The Anti-Discrimination Board contact the agent and explained that discriminating against the woman because of her lesbianism was against the law. The agent then offered the woman alternative accommodation and agreed to review all the office policies for possible discriminatory practices.
Working paper from the Gay, Lesbian, Bisexual, Transgender and Intersex (GLBTI) Ageing and discrimination forum
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