New South Wales Consolidated Acts

ANTI-DISCRIMINATION ACT 1977 - SECT 38C

38C Discrimination against applicants and employees

(1) It is unlawful for an employer to discriminate against a person on transgender grounds--

(a) in the arrangements the employer makes for the purpose of determining who should be offered employment, or

(b) in determining who should be offered employment, or

(c) in the terms on which employment is offered.

(2) It is unlawful for an employer to discriminate against an employee on transgender grounds--

(a) in the terms or conditions of employment that are afforded to the employee, or

(b) by denying the employee access, or limiting the employee's access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment, or

(c) by dismissing the employee or subjecting the employee to any other detriment.

(3) Subsections (1) and (2) do not apply to employment--

(a) for the purposes of a private household, or

(b) if the number of persons employed by the employer (disregarding any persons employed within the employer's private household) does not exceed 5, or

(c) by a private educational authority.

(4) For the purposes of subsection (3) (b), a corporation is regarded as the employer of the employees of any other corporation which, with respect to the firstmentioned corporation, is a related body corporate within the meaning of the Corporations Act 2001 of the Commonwealth.