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Improving workplace equality during COVID-19

With many physical workplaces closed during the pandemic, we looked at risks of discrimination and sexual harassment that may be amplified by employees working remotely, along with any emerging issues related to job insecurity and greater use of flexible work arrangements.

Woman working at a desk.

Photo by Nicole Wolf from Unsplash

This page was developed during the COVID-19 pandemic. Information and advice may now be out of date. For the latest advice regarding COVID-19, visit the Coronavirus Victoria website.

If you have an enquiry or complaint about discrimination, contact us.

Issues as they arose

People working in a wide range of industries and roles have found their working lives affected by the COVID-19 pandemic. Many people have lost their jobs or had their hours reduced, amplifying financial pressures and other stress.

Women, in particular, will be impacted by COVID-19 safety measures. Women’s average earnings are less than men’s and they tend to hold the least secure and lowest-paying positions (for example, casual roles in retail and hospitality) – many of which has been affected by businesses closing and may not have access to Job Keeper payments. Further, women also dominate essential but low-paid industries such as nursing, aged care and social work – and these are roles that may face heightened risk of exposure to COVID-19. The importance of these roles in our society and the traditional undervaluing of this ‘female-dominated’ work has been brought into focus during the pandemic.

Access to flexible work is another issue that has emerged as a priority during the pandemic. Where women can work from home, they’re likely to bear the extra responsibility for school closures and other caring responsibilities, alongside their work commitments. Some women may face pressure from their employers to reduce their hours so they can accommodate caring responsibilities which will impact their superannuation, redundancy entitlements and pay equality, and could have knock-on effects for their career progression. On the other hand, many Victorian men are accessing flexible work to share caring responsibilities for the first time.

While there are certainly urgent priorities requiring our collective attention at the moment, equality doesn’t matter just in the good times – we can’t let important work on gender equality stop or go backwards.

What the law says

In Victoria, it’s against the law to discriminate against someone because of their sex or gender identity and a range of other attributes connected to sex, for example, parental and carer responsibilities, pregnancy and breastfeeding.

The Equal Opportunity Act 2010 also prevents employers from refusing flexible arrangements for an employee with parental or carer responsibilities, unless it’s reasonable to do so in the circumstances. For people with a disability, flexible work arrangements are an example of reasonable workplace adjustments that can allow them to work safely and productively.

How we're addressing the issues

Through our enquiries and complaints service, we continue to support those who’ve experienced discrimination at work, whether because of their gender, parental/carer responsibilities, or another personal attribute. We’re looking closely at access to flexible work as one important way to help people make a meaningful contribution in their working lives but also at home. We are also concerned to ensure the gender pay gap is not widened during COVID-19.

Essential resources to help workplaces tackle sexual harassment
While COVID-19 has changed the way many people work, the risk of sexual harassment remains. We’ve produced a new guideline and online tool to help employers prevent and respond to sexual harassment, including where that workplace is largely remote or involves insecure work.

Equality Talks: Taking action on sexual harassment
To launch our new sexual harassment guideline, we hosted an online panel discussion on systemic drivers of workplace sexual harassment, why the usual responses often fail, and what new approaches might look like.

Gender pay equality in small and medium enterprises
Working with Industrial Relations Victoria and the Equal Workplaces Advisory Council, we’ve been looking at barriers to pay equality in small and medium enterprises, focusing on the arts, financial services and the healthcare/social assistance sector.

Your rights at work during COVID-19
Just because working arrangements have changed, it doesn’t mean your rights have to suffer. Here are some of the common issues we’ve been hearing about during the pandemic.

How we can help

If you have a question about discrimination, sexual harassment or vilification or would like more information about how Victoria’s Charter protects your human rights, we’re here to help.

Our enquiries team can help you understand Victoria’s anti-discrimination laws and how you can make a complaint if you choose to. And if we can’t answer your question, we’ll try to help you find someone who can.

If you wish to make a complaint in relation to the Charter of Human Rights and Responsibilities, find out more about your options.

Read more about our response to COVID-19

Embedding human rights during COVID-19

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Level 3, 204 Lygon Street Carlton Victoria 3053

General enquiries

1300 891 848

Enquiry line
1300 292 153 or (03) 9032 3583

1300 152 494

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1300 555 727 then use 1300 292 153

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The Victorian Equal Opportunity and Human Rights Commission acknowledges that we work on the traditional lands of the Wurundjeri people of the Kulin Nation. We also work remotely and serve communities on the lands of other Traditional Custodians.

We pay our respects to their Elders past and present.