Welcome to the fifth WE'RE EQUAL member resource update.

As a registered member of WE’RE EQUAL, you receive email alerts from Equal Opportunity SA with direct links to practical resources. These resources are designed to support you and your business as you continue your commitment to anti-discrimination in your workplace.

This update provides you with information and links to resources on the new protection provided to survivors of domestic or family violence.

It is now unlawful to discriminate against someone because they have been subjected to, or are currently experiencing, domestic violence or abuse. This means that they cannot be treated unfairly because of their experience.

Treating someone unfavourably because they are a relative or family member of a domestic abuse victim may also result in unlawful discrimination.

If a person believes you or your business discriminated against them because they are victim-survivors of domestic abuse, they can make a complaint to Equal Opportunity SA.

Protection from domestic abuse discrimination applies in all areas of public life including:

• employment (including full, part time, casual contract, and voluntary work)
• customer service (delivering or withholding services)
• accommodation (renting), selling land
• education (including entry & access)
• clubs and associations
• advertising

Domestic abuse discrimination can be direct, such as refusing a service, accommodation, or employment. It can also be indirect, such as treating someone unfairly if their experience of domestic abuse means they cannot meet the same requirements as other people who have not had that experience.

What does my business or organisation need to do?
Update your equal opportunity policies and practices to reflect the new protections for domestic abuse discrimination, and educate workers and others involved in your business about the new rights and obligations.

Not every act that involves a victim-survivor of domestic abuse will amount to unlawful discrimination. For example, the new laws do not prohibit employers from taking reasonable action in relation to an employee if it is in line with fair and reasonable policies that apply equally to all employees.

If a complaint is made about you or your business, see our information webpage on Complaints against you.

Read more in our quick guide: EO SA Quick Guide – Domestic Abuse Discrimination (PDF)

Examples of domestic abuse discrimination:

Employment
Employee A experienced domestic abuse by their partner. Their partner came to their workplace, yelled at them in front of their coworkers and damaged a desk on the way out. Some weeks later, Employee A’s partner came to the workplace again. Employee A was dismissed from their employment as management felt the situation was too difficult and was causing disruption at work.

Employee B worked in local government and was entitled to 15 days paid domestic and family violence leave. Employee B accessed this leave to make arrangements for their home, pets and childcare following domestic abuse. While Employee B was on leave, an important meeting was held where a major project was discussed. At the meeting, Employee B’s manager said that Employee B would not be working on the project because they could not be relied upon, and had too much going on in their personal life.

Education
A school required both parents to agree for a child to attend school camp. Student A experienced domestic abuse committed by one of their parents and they have no contact with this parent for their safety. Student A could not get permission from this parent to attend camp, so the school refused to allow them to attend.

Accommodation
Person A needed to find accommodation due to domestic violence and applied for a rental property. The property manager became aware that Person A was receiving money for a bond from a charitable organisation that assists victims of domestic violence. The application was rejected and when questioned, the property manager said that Person A would not be a reliable tenant.

Person B was subject to domestic abuse in their home, which resulted in some damage being caused to their rental property. As the lease was in Person B’s name, the landlord listed Person B’s details on a tenant ‘blacklist’. When Person B applied for subsequent rental properties, their applications were rejected due to their rental history.

Goods and services
Person A left a financially abusive relationship and discovered their partner had accrued debts in Person A’s name. When they went to the bank to try to rectify the situation, the bank refused to provide information or otherwise deal with Person A as they did not know the passwords or other security information relating to the accounts.

Looking for something extra to help you, your business, or your organisation?

Information on training and education programs is available at: https://www.equalopportunity.sa.gov.au/training-resources/training

Additional information and resources on Equal Opportunity are available on www.equalopportunity.sa.gov.au

For more information on how WE’RE EQUAL can support your business or organisation, contact us at equal@sa.gov.au(external site)