Guideline: Sex work discrimination – Your rights and responsibilities under the Equal Opportunity Act 2010

The Guideline: Sex work discrimination – Your rights and responsibilities under the Equal Opportunity Act 2010 provides information about sex work discrimination and the relevant protections under the Equal Opportunity Act 2010.

This guideline discusses discrimination experienced by sex workers and other workers in the sex industry through the protected attribute of profession, trade or occupation added to the Equal Opportunity Act as part of the recent decriminalisation of sex work in Victoria through the Sex Work Decriminalisation Act 2022.

We have developed the guideline to help Victorian duty holders to meet their legal obligations under the Equal Opportunity Act. It provides practical guidance on how to prevent and respond to sex work discrimination, including complying with the positive duty.

This guideline will also assist individuals who feel they have experienced sex work discrimination or are an advocate or supporter of those who have experienced sex work discrimination and are looking for clarification on their rights, and the responsibilities owed to them by an organisation or body.

The guideline has been informed by wide consultation with employers and industry bodies, worker advocacy groups and other regulators and, most importantly, the stories of individuals who have experienced sex work discrimination.

This guideline is also 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.

If you have discrimination because of sex work, contact our Enquiry Line on 1300 292 153 for more information about your rights and how you can make a complaint.