New resources to prevent discrimination against sex workers
While work is underway to decriminalise sex work in Victoria, discrimination remains a common experience for people working in the sex industry. Our new guideline and other resources will help tackle sex work discrimination in areas of public life such as employment, accommodation, education and goods and services.
30 May 2023
Marking one year since the Parliament of Victoria passed legislation to decriminalise sex work in Victoria, the Victorian Equal Opportunity and Human Rights Commission is proud to launch the Guideline: Sex work discrimination – Your rights and responsibilities under the Equal Opportunity Act 2010.
The guideline and its accompanying fact sheets are essential resources for both sex workers seeking to understand and exercise their rights and organisations seeking to meet their legal obligations to address sex work discrimination.
“Too often sex workers have been stigmatised, marginalised, and left feeling that their trade is somehow shameful or illegitimate. And no one should have to feel like that for making a living,” says Victorian Equal Opportunity and Human Rights Commissioner Ro Allen.
As part of the decriminalisation of sex work, the Equal Opportunity Act 2010 has been amended so that it is now unlawful to discriminate against a person on the basis of their profession, trade or occupation, which includes sex work (unless an exception applies).
“Amending the Equal Opportunity Act to protect sex workers from discrimination is a crucial piece of law reform that will ensure people working in the sex industry can live, work and study free from discrimination,” says Commissioner Allen.
The guideline provides plain language advice, a best-practice framework and six minimum standards to help duty holders comply with the Equal Opportunity Act. “Under the Act, employers, financial institutions, health services and other organisations have a ‘positive duty’ to not just deal with discrimination if it arises, but to take proactive steps to prevent it from occurring in the first place,” says Commissioner Allen. “Organisations need to make sure their approach incorporates both prevention and response.”
The Commission consulted widely with current and former sex workers and sex industry businesses in the development of the guideline to learn about the impact of sex work discrimination across all areas of public life.
“The stories we heard illuminated the devastating impacts discrimination can have on sex workers – it can affect their personal safety, housing, financial stability, mental health and overall wellbeing,” says Commissioner Allen.
The guideline is supported by two fact sheets:
- Sex work discrimination: What are my rights? for current or previous sex workers and other workers in the sex industry who want to understand their rights under the Equal Opportunity Act.
- Sex work discrimination: What are my responsibilities? for organisations to understand their legal obligations to prevent and respond to sex work discrimination.
The fact sheets are available in English, Korean, Simplified Chinese, Thai and Vietnamese. Translated versions of the guideline will be available shortly.
In the second half of 2023, the Commission will be rolling out a suite of education programs, training sessions and other resources to support sex workers’ advocacy and help organisations understand their obligations and build their capacity.
Download the guideline and fact sheets
If you have experienced discrimination due to sex work, contact our Enquiry Line on 1300 292 153 for more information about your rights and how you can make a complaint.
Media contact
Victorian Equal Opportunity and Human Rights Commission
Phone: 1300 292 153
Email: enquiries@veohrc.vic.gov.au
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