PHYSICAL FEATURES

A cafe has a recruitment policy specifiying that its female employees should be at least 170cm tall and weigh less than 60kg. 

The café’s recruitment policy discriminates against job applicants who do not meet the café’s particular ‘look’.

That is discrimination. Jobs should be given to people based on their ability to do the job, not because of how they look.

What does the law say about discrimination because of physical features?

Generally, in Victoria it is against the law to discriminate against you because of your physical features – including height, weight, size or other bodily characteristics.

However, there are a few situations where it is OK to discriminate against a person because of the way they look, such as dramatic, artistic, photographic or modelling work. In that case, it may be OK to offer the job to someone with the right physical features (including ‘looks’).

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