Photo courtesy of Gretchen Ludwig via Flickr Creative Commons


Jen's boss tells her that she can't bring her girlfriend to the end of year work party, despite other employees bringing partners and kids. 

Jen's boss is treating her unfavourably because she is gay, which is discrimination.

In Victoria it is against the law to discriminate against you at work because of your sexual orientation, gender identity or lawful sexual activity – whether it’s known or assumed.

What does the law say about sexual orientation?

Whether you are lesbian, gay, bisexual or heterosexual you have the same rights.

That means it is against the law for someone to discriminate against you at work because of your sexual orientation.

What does the law say about gender identity?

You also have the right to identify as a member of a particular gender without discrimination.

People can do this by the way they dress, a change of name and by medical intervention, which can include hormone therapy, counselling and surgery.

What is lawful sexual activity?

Sex between consenting adults is no-one's business but the people involved – as long as it’s legal of course.

Our laws protect us all from discrimination on the basis of lawful sexual activity.


Download free resources from the Commission, or visit our webpage about gender identity, lawful sexual activity, sexual orientation discrimination in the workplace for more information.

Contact us

In some cases there might be an exception. If you want to find out more about discrimination because of sexual orientation, gender identity and lawful sexual activity Contact us