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Discrimination for "Pillow Talk" Allegation |
Discrimination on the ground of sex or marital status is a prohibited ground of discrimination under the Sex Discrimination Act (Commonwealth). It is possible that warning a female employee against "pillow talk" with a fellow employee who is her spouse is discrimination on the ground of sex, on the basis of a characteristic that appertains generally or is generally imputed to females, or on the ground of marital status. |
The mention by the manager of "pillow talk" with an employee's spouse suggests that the employer does not trust the employee regarding confidential issues relating to the business. It may be inferred from such a comment, that the employer believes that the communications inherent in marriage are such that the employee would disclose confidential information to her spouse and that the employee can't be trusted with commercially sensitive information because she is married to another employee. |
As you face a potential claim for sex discrimination, or possibly unfair dismissal or unfair contract, it would be prudent to:
- interview the female manager about the circumstances of the warning;
- interview the reporting manager;
- carefully assess whether the allegation actually constitutes unlawful discrimination - you should get specific legal advice about this; and
- follow the guidelines you have for dealing with complaints of discrimination.
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| In one case, an employee alleged marital discrimination against her employers. She said they demoted her because her husband had been employed with a rival newspaper. Cases have previously found that persons discriminated against on the basis of the identity of their spouse could not claim marital discrimination. However, in this case, the equal opportunity tribunal found in the employee's favour, ordered that she be reinstated and awarded her $10,000. Williams v Regional Publishers Pty Limited(Equal Opportunity Tribunal, 19 March 1997). |
Peter McNamara |
peter.mcnamara@cml.com.au |
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