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Guideline: Transgender people at work – Complying with the Equal Opportunity Act 2010 in employment – Jul 2014

This Guideline was developed in 2014 and aspects are now dated. We suggest reading this guide with the following in mind:

The Equal Opportunity Act 2010 (EOA) was amended in February 2022 to include new definitions

  • gender identity means a person’s gender-related identity, which may or may not correspond with their designated sex at birth, and includes the personal sense of the body (whether this involves medical intervention or not) and other expressions of gender, including dress, speech, mannerisms, names and personal references
  • sexual orientation means a person’s emotional, affectional and sexual attraction to, or intimate or sexual relations with, persons of a different gender or the same gender or more than one gender.

Amendments also include the new attribute of sex characteristics

  • sex characteristics means a person’s physical features relating to sex, including—
    • genitalia and other sexual and reproductive parts of the person’s anatomy; and
    • the person’s chromosomes, genes, hormones, and secondary physical features that emerge as a result of puberty;”.

Read more online about: Sex characteristics as a protected attribute.

For further information and guidance on how to use language respectfully and inclusively when working with and referring to LGBTIQ+ people, see the LGBTIQ+ Inclusive Language Guide.

Supplementary materials to this guideline, including information that can help you to develop a transition plan for transgender workers, are available to download.

Download the guideline

Download the transition plan

Download the policy template

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Level 3, 204 Lygon Street Carlton Victoria 3053

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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.