Anti-Discrimination (Right to Use Gender-Specific Language) Amendment Bill 2018* (Qld)

An Act to amend the Anti-Discrimination Act 1991 for particular purposes The Parliament of Queensland enacts—

1 Short title This Act may be cited as the Anti-Discrimination (Right to Use Gender-Specific Language) Amendment Act 2018.

2 Act amended This Act amends the Anti-Discrimination Act 1991.

3 Insertion of new s 8A After section 8— insert—

8A Discrimination on the basis of use of gender-specific language (1) The Act prohibits discrimination, including direct discrimination and indirect discrimination, on the basis of the use of gender-specific language. (2) However, subsection (1) does not apply to the use of gender-specific language— (a) in a way that is, or causes, sexual harassment; or (b) in a way that is unlawful discrimination on the basis of an attribute; or (c) with the intention of offending, humiliating or intimidating another person.

4 Amendment of s 10 (Meaning of direct discrimination ) Section 10— insert— (1A) Direct discrimination on the basis of the use of gender-specific language happens if a person treats, or proposes to treat, a person who uses the language less favourably than another person, who does not use the language, is or would be treated in circumstances that are the same or not materially different. Examples— 1 H is C's teacher. C submits a piece of assessment to H. In the assessment, C regularly uses the words 'he', 'she', 'him' and 'her'. H, when marking the assessment, deducts marks for use of the gender-specific language. 2 R is D's manager. R hears D addressing a group of customers as 'guys'. R asks D to undertake sensitivity training and notes the matter on D's employment record. (6) If there are 2 or more reasons why a person treats, or proposes to treat, another person who uses gender-specific language less favourably, the person treats the other person less favourably on the basis of the use of gender-specific language if the use of the language is a substantial reason for the treatment.