In the advertisement: List your main job criteria Avoid references to gender, age, race, marital status, religion and other grounds of unlawful discrimination. Applicants should not be asked to submit a photograph with their application: this can have the same effect as asking a person about their age, gender and/or race. Job titles should be worded so that they neither openly nor by implication discourage anyone from applying. Job titles should reflect the job to be done, rather than the type of person Some examples: For: Use: Barmaid Bar attendant Waitress Waiter Foreman Supervisor Sales woman Sales assistant Headmaster Principal Office girl Clerk typist, administrative assistant Chairman Convener, chairperson Senior, junior, recent graduate, xx years’ relevant experience An employment advertisement would be unlawful if it stated or implied that the employer was seeking a man for a job or someone under 35, unless the Act contained a specific exception relating to the position. None of the following are acceptable reasons for publishing a discriminatory advertisement: The employer has a personal preference for working with either men or women, or people of particular age groups A particular gender or age group would ‘fit in’ better with existing staff The work is just not suitable for a woman The company wants to project a young image are better suited in reception areas or behind counter is a lot of heavy lifting involved so only a man could do the job Exceptions in employment There are some circumstances in which discrimination is allowed under the Act. These are called exceptions. There are a number of exceptions under the Act where it is acceptable to refer to age, sex, religion, where it is a genuine occupational requirement. However if you wish to rely on an exception under the Act, in the event of a complaint you will have to justify the exception to the Commissioner. Sex Jobs in which one sex is a genuine occupational qualification may include: Where a person has to enter a lavatory used by members of the same sex or where members of the same sex work (eg
according to the size of the employee’s family (eg providing a house for a family of four, and a flat for one person) There is single sex accommodation for students The accommodation is provided for aged person (on every ground except marital status and impairment) EDUCATION ADVERTISEMENTS the Equal Opportunity Act 1984 ‘educational authority’ means a body or person administering an educational institution. Educational institution means a school, college, university or other institution at which education or training is provided. When writing advertisements courses it is unlawful to stipulate different entry requirements for any teaching institution or training course on any ground covered by the Act. Advertisements or brochures that convey the impression that admission to courses or training excluded a person because of the sex, age, race, marital status, religious or political conviction, pregnancy or impairment are unlawful. Exceptions in education The Act does not apply in the following cases: Single sex schools or colleges If it is a measure or provision to achieve equality, or to meet special needs. However, this does not apply to religious or political conviction. Religious schools can discriminate on any ground except race, age and impairment but must do so in good faith and uniformly against all other religions Mature age admission CLUB ADVERTISEMENTS the Act a club is an association whether or not incorporated, of not less than 30 people associated together for social, literary, cultural, political, sporting, athletic or other lawful purpose – that provides and maintains facilities from funds of the association and sells or supplies liquor for consumption on its premises. Exceptions in clubs There are exceptions in the Act relating to clubs in the following situations: Clubs advertising for new members can seek members of one sex if they are a single sex organisation Clubs for particular groups can advertise for new members by age, eg Seniors Clubs Ethnic clubs can advertise for new members of that ethnic group, otherwise than by reference to colour Clubs can offer the separate use of benefits for each sex provided the benefits are provided for the use of men and women equally Clubs for people with disabilities do not have to
admit people who do not have disabilities A hotel in Melbourne that aimed to cater for male homosexuals applied for an exemption from coverage by the Equal Opportunity Act 1995 in Victoria. It wanted to prevent or restrict entry by people who were not homosexual males where it believed granting entry would affect the safety and comfort of male homosexuals in the hotel, and wanted to advertise that policy. The tribunal considered this policy to be a measure designed to achieve equality of opportunity for male homosexuals, and to redress disadvantage suffered by them, and granted the exemption for three years. Peel Hotel Pty Ltd (Anti-discrimination exemption) (2007) EOC ¶93-460 SPORTING COMPETITIONS Exclusions in sport apply to some competitors, in some situations: Sex Single sex competitions can be advertised, if the sport is such that one sex would have an advantage because of strength, stamina or physique, This does not apply to competitions for under 12s nor for administration, coaching or umpiring Age Age specific sporting activity can be advertised if it competitive and only between persons of a specific age. This does not apply to administration, coaching or umpiring. Impairment If the sporting activity is conducted only for persons with a particular impairment, or if a person has a particular impairment, and as a result cannot perform the sporting activity. GENERAL POINTS Illustrations Stereotyped illustrations should be avoided. These include ‘situation scenes’ in which a particular activity is shown as predominantly male or female so as to imply that a person’s sex is a prerequisite for the job. Application forms Application forms or coupons published as part of an advertisement must not discriminate by asking different questions of different groups of people protected by the Act (eg the form could ask ‘state marital status’ but no ‘if a married woman state number of children’)
WHO MAY BE LIABLE? If a discriminatory advertisement is published, both the publishers and advertisers could be liable. Publishers need to be mindful that employers’ motives in discriminating are irrelevant as far as the law is concerned. Agents who place advertisement on behalf of another party are also covered by the Act. EXEMPTIONS The State Administrative Tribunal can grant exemptions under the Act. If you have an exemption then your advertisement should state this if relevant. If are the publisher, and the client claims they have an exemption you should either ask to see a copy of the Tribunal’s document or check with the Registrar of the tribunal. The Tribunal holes a public hearing in relation to an exemption application and interested parties can be heard, ie people who object to or support the application. The Tribunal can only grant a exemption for a period of up to five years and can impose conditions for more information contact the Registrar of the State Administrative Tribunal. COMPENSATION We suggest that companies and agencies that do a lot of advertising contact a adviser on the application of the Act to their business. Unlawful discriminatory advertisements can result in compensation awarded of up the $40,000 by the State Administrative Tribunal. GET GOOD ADVICE The material in this publication is intended as a general only and is not intended to be legal advice. You should always consider taking appropriate professional advice on your particular circumstances. FURTHER INFORMATION How to Contact the Commission By telephone General enquiries 08 9216 3900 Training courses 08 9216 3927 Facsimile 08 9216 3960 Country callers 1800 198 149 TTY 08 9216 3936 Interpreter can be arranged on request By e-mail By visiting our website By visiting our office Level 2 141 St Georges Terrace 6000 By post Cloisters Square 6850 Disclaimer: