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Personal association

Everyone deserves to be treated fairly and given equal opportunities, regardless of their age, sex, disability, race, religion or any other characteristic protected by the Equal Opportunity Act. The law also makes it against the law to discriminate against a person because of their relationship to someone with a protected characteristic.

An older man and woman push their friend in a wheelchair.

Photo by Stefano Intintoli on Unsplash

What is personal association discrimination?

Personal association discrimination is when someone discriminates against you, including treating you unfairly or bullying you, because you have a personal connection to someone with a protected characteristic.

For example, you may be:

  • a carer of someone with a disability
  • related to a politician
  • married to someone from a different racial background.

Examples of personal association discrimination

  • A bank refusing to hire someone for a management position because her brother is a union official.
  • A student being harassed and made fun of at school because his mother uses a wheelchair.
  • A tennis club refusing membership to someone because their brother, who has a mental illness, is banned from the club due to his behaviour.

How does the law protect me?

Discrimination is against the law if it happens in an area of public life such as:

Under the Equal Opportunity Act, duty holders (such as employers, schools, and goods and service providers) have a positive duty to eliminate discrimination, sexual harassment and victimisation in these areas, as far as possible.

It is also against the law to victimise a person, which means treat them badly, because they have made complaint about discrimination or helped someone else make a complaint.

You can make a complaint

Get help from us.

You can make a complaint to us if you think you have experienced:

If you wish, someone else can make a complaint for you. Find out how we help people resolve complaints.

We can also give you information about your rights.

Personal association discrimination at work

While a person is responsible for their own unlawful behaviour, employers can also be held responsible.

Under the Equal Opportunity Act, employers have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible.

Victoria is unique in having a positive duty, which creates an opportunity to prevent unlawful behaviour. It helps organisations put a healthy workplace culture in place, just as occupational health and safety laws require employers to take appropriate steps to ensure injuries don’t occur.

To ensure they are complying with the positive duty, organisations should also put measures in place to ensure that complaints are responded to swiftly and appropriately when they do arise.

The positive duty applies to employers of all sizes, regardless of whether they are a major company or a small cafe, and covers all types of workers:

  • full-time, part-time and casual employees
  • agents and contract workers
  • trainees and apprentices.

It applies to all stages of employment, including:

Are there any exceptions to the law?

There are some exceptions in the Equal Opportunity Act that mean it’s not against the law to discriminate in particular circumstances. For example, discrimination is not against the law if there is a real risk to someone’s health, safety or property.

Find out more about exceptions.

My human rights under the Charter

Every Victorian has the right to equal and effective protection against discrimination, and to enjoy their human rights without discrimination.

Victoria’s Charter of Human Rights and Responsibilities contains 20 basic rights that promote and protect the values of freedom, respect, equality, and dignity.

The Victorian Government, local councils and other public authorities must always consider Charter rights, including the right to equality, when they create laws, develop policies and deliver their services.

Find out more about your human rights under the Charter and what to do if you think they have been breached.

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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 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.