38CDiscrimination against applicants and employees

#### 38C Discrimination against applicants and employees 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](http://www.legislation.gov.au/) of the Commonwealth. > > **s 38C:** Ins 1996 No 22, Sch 1 \[4\]. Am 2001 No 34, Sch 4.2 \[3\].