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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:

  1. The Equal Opportunity Act 2010 (EOA) is being amended by February 2022 to include the following new definitions of sexual orientation and gender identity:

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.

2. Amendments to the EOA also include the new attribute of sex characteristics:

sex characteristics means a person’s physical features relating to sex, including—

(a)   genitalia and other sexual and reproductive parts of the person’s anatomy; and
(b)   the person’s chromosomes, genes, hormones, and secondary physical features that emerge as a result of puberty;”.

For further information and guidance on how to use language respectfully and inclusively when working with and referring to LGBTIQ people, see the LQBTIQ 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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Address
Level 3, 204 Lygon Street Carlton Victoria 3053

General enquiries
enquiries@veohrc.vic.gov.au

Reception
1300 891 848

Enquiry line
1300 292 153 or (03) 9032 3583

Interpreters
1300 152 494

NRS Voice Relay
1300 555 727 then use 1300 292 153

Media enquiries
0447 526 642

The Victorian Equal Opportunity and Human Rights Commission acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and deep connection to the land.

We acknowledge that the Commission is on the land of the Kulin Nation and pay our respects to Elders past and present.