Make family violence discrimination illegal, Equal Opportunity Commissioner says
VICTIMS of domestic and family violence are being discriminated against by employers and landlords, prompting a call for action.
DISCRIMINATION against domestic and family violence victims should be declared illegal, Equal Opportunity Commissioner Niki Vincent says.
An increasing number of survivors were reporting discrimination because of the violence, but Ms Vincent said current laws did not adequately cover the problem.
“We are getting complaints by people who are offered a job that when they make the employer aware of a domestic violence order they may have out, the job is withdrawn,’’ she said.
“The same problem is happening in (rental) housing, where if there is a restraining order out, the victim won’t get the property.
“The employer is worried about the partner coming to the workplace and hassling people. They don’t want potential violence in the workplace and the same goes for housing.”
Ms Vincent said complaints to the commission had included:
A SUCCESSFUL job applicant who was to start in the role later that week sent an email the day after telling work she had a restraining order on a man that she no longer had the job.
A TENANT said she had been “black listed” by real estate agents because a former partner had damaged number of properties she was renting.
A RETAIL worker refused a change of roles to take her from the front of the store where she felt vulnerable to attack, to a lower-profile position.
A WORKER denied eligibility for a bonus because she has been off work on sick leave with anxiety and depression related to domestic violence.
A DOMESTIC violence victim denied access to services because she has assets, including an interest in a rental property.
Ms Vincent’s call follows a report on how to tackle domestic violence which noted the issue, and a report by parliament’s Social Development Committee recommending that the Equal Opportunity Act 1984 be changed to make it illegal to discriminate against a person on the grounds of domestic and family violence.
Ms Vincent said there were limited options under existing legislation to deal with the problem.
“We would try to treat the complaint now under sex discrimination, because women are the most likely to be victim and because we don’t have domestic violence under our act,” she said.
“We are testing that at the moment but don’t know if it can be considered sexual discrimination.
“Domestic violence is a large problem and the implications of domestic violence for equal opportunity is something we are only just starting to come to grips with.
“It is an area we now see much more of and we think we need the legislation to cater for this.”
Commissioner for Victims’ Rights Michael O’Connell said he supported the plan and employees were required to tell employers of matters which may affect their work.
“Telling an employer or other staff (about the problem) may be hard, to say the least, but it should not be more problematic due to employers’ and staff attitudes and behaviours,’’ he said.
“Some employers and staff are supportive, and even — quite rightly — provide flexible work arrangements and paid leave. Others, however, are less supportive, and some cause a second injury by victimising, even discriminating, against employees or potential employees who are victims of domestic violence.
“It is appalling that in this day and age that some victims still do not feel safe to tell their employer or potential employer they are experiencing domestic violence.
“It should be an offence and victims of this secondary victimisation should have means of recourse and, if appropriate, compensation.
“Victims should not be forced from their jobs because employers are unwilling to tackle domestic violence as a workplace issue. Workplaces should be safe places. Employers have a duty to ensure safety.’’
