About your rights

Because someone is too old or too young.

For example: Imran applies for a job but is told that he is too old to learn the software the company uses so he does not get an interview.

Because someone has a disability, disease or injury – including an injury from work.

For example: Mai, who has autism, goes to her local primary school. She is excluded from a class excursion because of her disability.

Because someone asks about their rights at work, such health and safety, or how much they are paid.

For example: Karun works in a food processing factory. After he raises concerns about safety he is made redundant.

Because someone was charged with a crime for homosexuality, and has had it expunged (removed) from their criminal record. Homosexuality is no longer a crime in Victoria.

For example: Kieran had a homosexual conviction removed from his criminal record. He has no other convictions. When his club learns that Kieran once had a criminal record – even though the crime no longer exists – they ask Kieran to leave.

Because someone identifies (through dress, speech, mannerisms, names, pronouns, or medical interventions) as a gender that may or may not be the same as the sex they were designated at birth.  

For example: Luka’s teacher refuses to call her by her new name and use her preferred pronouns.

Because someone is a member of a union or employee group, or because they choose not to be a member.

For example: Lee applies for a job as a shop assistant. At the interview she says that she is a member of a union. The employer says they don’t want any union staff and ends the interview.

Because of who someone has sex with, or is in a relationship with (as long as it is not illegal). This includes legal sex work.

For example: Sabah works for a tech company. When his manager finds out that Sabah’s girlfriend works for a rival company she ends Sabah’s contract.

Because of whether someone is married, divorced, unmarried or living together with their partner. Or because of who they are married to.

For example: Kavita and her boyfriend are looking for a new apartment to rent. They put in an application but the property manager tells them the landlord wants a married couple.

Because someone cares for their children or someone else in their family, such as a parent.

For example: Cho needs to take time off work to look after her mother, who has had a stroke. After two weeks on leave her boss tells Cho not to come back to work as he has given her shifts to someone else.

Because of how someone looks, such as their height, weight, hair or birthmarks.

For example: Shae’s basketball coach makes rude comments about the scars on her arms. She tells Shae that she can’t play unless she wears long sleeves to cover them up.

Because of which political party someone supports or votes for.

For example: Zian’s landlord evicts him because he put up a poster for a political party in his window during an election campaign.

Because someone is pregnant or breastfeeding, or someone thinks a person might be pregnant or breastfeeding.

For example: Geetanjali visits an art gallery with her baby. When she sits in a quiet spot to breastfeed her son she is told by the manager that she must use the toilets instead.

Because of someone’s culture, race or skin colour. Or because of their country of birth or family background.

For example: Garahi calls a recruitment agent for help finding a job. The agent says he will only help if Garahi uses a Westernised version of his name.

Religion, religious beliefs or activities, or because someone wears clothing that shows their faith, such as a head scarf.

For example: Nida is on a teaching placement when a senior teacher makes rude comments in front of her about Muslims. They also tell Nida that she won’t be respected by students if she wears her scarf.

Because someone is a particular sex, including being male, female, or with an intersex variation.

For example: Ananth has taken six months off work to be the primary carer for his baby daughter. The local parents group is all mothers and the nurse leading the group says the women feel uncomfortable having him there. They ask Ananth to stop coming to meetings.

Because of someone’s physical features related to their sex, including people with intersex variations.

For example: Andi needs to see a specialist doctor. The doctor refuses to treat Andi because of their intersex variation.

Because of someone’s sexuality, meaning if they are attracted to or intimate with people of a different gender, the same gender, or more than one gender.  

For example: Cabdi is looking forward to marrying his boyfriend. They try to book a venue for the reception but are told that it doesn’t take bookings for gay weddings.

Because someone has previously been convicted of a criminal offence that no longer appears on their criminal record.

For example: Tao received a conviction when they were 14 years old which no longer appears on their criminal record. Tao’s family friend tells Tao’s new boss about the conviction and Tao is fired from their job.

Because someone has a relationship or connection with someone who has, or is assumed to have, one of these personal characteristics.

For example: Yu-jun has his tennis club membership cancelled because his brother, who has a mental illness, is banned from the club due to his behaviour.

• speaking out against or encouraging hatred of people with a protected characteristic in a way that could make other people hate or ridicule them 

• using brochures, stickers, broadcast or publications, websites, email or social media to spread hatred, e.g. disseminating pamphlets at people’s homes with hateful messaging about people with a protected characteristic 

• speech directed at an individual that can be heard by the public. For example, the Victorian Civil and Administrative Tribunal found a family was being vilified because of their race after their neighbours repeatedly racially abused them and it was found the neighbours wanted other neighbours and members of the public to hear. In other words, the neighbours were encouraging hatred in others of that particular family (see Khalil v Sturgess) 

• publishing claims that a person or group with a protected characteristic is involved in serious crimes without any proof 

• verbally abusing someone on public transport because of their protected characteristic 

• encouraging violence against people, or damaging their property because of their protected characteristic 

• web based abuse, including encouraging or contributing to hateful content in public chat forums, livestreams, posts, and videos 

It is also against the law to give permission or help someone to vilify others. 

• being critical of a religion, or debating ideas within that religion, in a way that does not encourage others to hate people who hold that particular religion  

• actions that may be offensive, but are not hateful and do not encourage others to hate, disrespect or abuse people based on protected characteristics  

• behaviour that takes place in private, such as a conversation between friends inside someone’s home that is not streamed to the internet or overheard by neighbours  

If behaviour is not vilification, someone may still be able to complain about discrimination if it has happened in a public areas of public life covered by the Equal Opportunity Act. 

For example, Ranjit complains that a local bus driver asked him where he was from, told him to sit at the back of the bus and sniffed loudly at him as he walked past. The encounter was not overheard or seen by anyone else as no one else was on the bus.  This is not vilification as vilification protections only apply to public conduct. But Ranjit might be able to make a complaint about racial discrimination.