Gender discrimination in the workplace can be demonstrated in many forms but it is basically when a person is mistreated because of their gender or sex. It is more likely to be experienced by women than men and is a clear sign of inequality which manifests in everything from unequal pay and hiring bias to assumptions about family and barriers to leadership. Laws like the Sex Discrimination Act 1984 and the Fair Work Act 2009 offer protection against gender discrimination and sexual harassment in the workplace. While there has been some progress against gender discrimination, statistics show that gender inequality at work still exists.
Forms of Gender Discrimination
- Wage Disparity: The gender pay gap is the difference between how much men and women earn in the workforce. It is one of the most visible manifestations of gender discrimination. In May, 2025, the national gender pay gap in Australia was 11.5% according to the Australian Bureau of Statistics. This is the lowest the pay gap has been since records began but still means women earn about 88 cents for every dollar earned by men in a full-time position. On the average income, that is a difference of approximately $240 per week or $12,000 per year.
- Stereotypes and Biases: Gender stereotypes (the generalised beliefs about characteristics and the roles of women) influence gender discrimination in the workplace. Common assumptions include the maternal bias about women’s commitment to work after having children or the confidence gap where women’s contributions are overlooked due to biases about authority and expertise. These unfounded stereotypes marginalise women in the workforce as being less able to participate fully in a role.
- Lack of Diversity in Leadership: Women make up 51% of the workforce but are underrepresented in top tier positions. Women hold only 19.4% of CEO positions and 32% of management roles even in sectors with a high female participation. The lack of diversity in leadership continues the propensity for limited advancement for women in the workplace. Research from the Workplace Gender Equality Agency reveals that the appointment of a female CEO led to a 12.9% increase in the likelihood of outperforming the sector on three or more metrics. It also confirmed a 10% increase in female board representation as linked to a 6% increase in the likelihood of outperforming their peers on three or more metrics.
- Harassment and Microaggressions: Harassment and microaggressions are both forms of gender discrimination. Harassment is the more overt form while microaggressions are more subtle comments or actions that imply a negative connotation because of gender. Workplace harassment and sex discrimination is born from gender inequality and power imbalances. Sexual harassment is any unwelcome behaviour of a sexual nature from staring or leering to requests for sex. Microaggressions may be derogatory languages directed at women.
- Biased Hiring Practices: Gender bias creates inequality at every stage of the work cycle. Bias can occur in the initial stages of the hiring process where candidates are overlooked purely because of their gender. Despite similar or even exceptional qualifications and experience, sometimes women are excluded from job positions in favour of men.
Gender Inequality Statistics
Gender inequality remains a significant issue in Australian workplaces, with women still experiencing unequal remuneration, higher propensity for harassment, and underrepresentation in top tier roles. Although some progress has been made with the introduction of legal reforms and efforts to close the pay gap, significant inequality still exists.
However, awareness of gender inequality is divided with 54% of male employees and only 25% of female employees believing women and men have the same opportunities. Data released from violence prevention organisation, Our Watch found that gender inequality is a big issue for 45% of women compared to 24% of men.
Unequal or discriminatory workplaces increase the likelihood of violence against women as shown in the workplace sexual harassment statstics by Safe Work Australia. Data shows that workplace sexual harassment is experienced by almost two in every five women compared to just over one in four men. More than half of those people sexually harassed endured repeated experiences at work that lasted more than six months.
Women are also paid less than men according to the Australian Bureau of Statistics. The May 2025 survey revealed the average full time wage for a male as $2,212 per week compared to a female who receives $1,895. The gender pay gap is the comparison of men’s and women’s average weekly full-time earnings including bonuses, allowances and overtime.
Negative attitudes and unconscious biases towards women continue to create a barrier for advancement in the workplace with only 20% of women in CEO positions and the majority held by men. In senior leadership positions, women make up only 33%. Recent research by Chief Executive Women revealed that 70% of women in ASX300 Executive Leadership positions are unlikely to be considered for promotion to CEO, and that 43% of these companies have no women in these roles. Men are three times more likely to be considered for profit and loss roles due to persistent gender stereotypes and structural biases that favour men as more competent and reliable for these high stake positions.
Effects of Gender Inequality and Discrimination
Gender discrimination affects not only the individuals who are targeted but workplace culture and company success. Women facing gender inequality and discrimination face economic drawbacks with lower pay and less likelihood of promotion. Discrimination that manifests as sexual harassment is threatening to the recipient’s mental health and wellbeing. Women who experience sexual harassment are at high risk of developing depression, sleep disorders, high blood pressure and self esteem issues. It harms productivity and staff retention as unhappy employees are likely to leave.
Organisations that are known for discrimination can experience reputational damage and, in extreme cases, legal and financial implications. They are also more likely to experience a high turnover of staff and often have difficulty attracting employees because of their negative public image.
Gender Discrimination Laws
There are laws that protect against gender discrimination in the workplace. They encourage equal rights for women and men and make discrimination on the basis of sex illegal. The main gender discrimination laws are:
Sex Discrimination Act 1984
The Sex Discrimination Act 1984 is a piece of legislation that makes it unlawful to discriminate against people on the basis of gender, sex, family responsibilities, marital or relationship status, pregnancy or potential pregnancy.
Fair Work Act 2009
The Fair Work Act 2009 provides protection against discrimination based on sex and gender identity. Employees are protected against discrimination in hiring, promotion, and termination. It makes it illegal for an employer to take ‘adverse action’ against an employee for discriminatory reasons, and prohibits certain types of sexual harassment.
Positive Duty
The Positive Duty is a legal obligation that was introduced into the Sex Discrimination Act in 2022. The law protects against sexual and gender discrimination in the workplace by ensuring all organisations and businesses take reasonable and proportionate measures to prevent unlawful acts in the workplace or in relation to the workplace. The positive duty obligation on employers aims to eliminate any risks of discrimination or harassment before they cause harm, rather than simply responding after a complaint is made.
Workplace Gender Equality Act 2023
The Workplace Gender Equality Act 2023 is an amendment to the Workplace Gender Equality Act 2012 which protects against gender discrimination by requiring employers to report on gender equality indicators. The purpose of the act is to promote equal opportunity and close the gender pay gap. It mandates that employers with 100 or more employees report annually to the Workplace Gender Equality Agency to help prevent barriers to women’s employment opportunities and promote a more equal workplace.
Equal Opportunity Act 2010
The Equal Opportunity Act 2010 makes any type of discrimination unlawful from gender and sexual orientation to race, age and disability. It also makes sexual harassment and victimistion illegal. The Act also includes a positive duty on employers to eliminate discrimination, sexual harassment and victimisation as fas as possible.
Exceptions to the Law
There are some exceptions to gender discrimination laws that recognise that discrimination may be justified in certain cases. Exceptions include genuine occupational requirements such as a women’s bathroom attendant needing to be female, or a male model required for a men’s clothing line. Other exceptions include an all-boys religious school not allowing girls to enrol or hiring a male support worker to provide physical assistance to males with disabilities.
How to Combat Gender Inequality at Work
Combating gender inequality at work requires a multifaceted approach. There are many ways employers, businesses and employees can overcome discrimination and inequality in the workplace. Key strategies include ensuring equal pay for both men and women through audits and transparency, equal opportunities for promotion and leadership roles, fostering a respectful culture through training and policies, and adherence to the positive duty obligation.
To ensure pay equality, employers can conduct regular audits and data analysis to identify any discrepancies that could indicate a pay gap. Employers reporting annually on gender equality indicators ensures awareness of any inequality or discrimination in the workplace.
Employers can also ensure equal access to promotion at all levels with mentorship and career growth programs. Conscious and unconscious bias must be removed from the selection process for promotions to allow equal opportunities for women to pursue leadership roles.
Education and training for employees and employers is another way to combat inequality. It raises awareness of biases and helps build an inclusive culture. Training in the workplace creates awareness of the hidden assumptions and biases that create inequality. With an understanding of gender bias by employers and employees, women are less likely to be harassed on the basis of gender and more likely to be considered for leadership roles.
The obligation of employers to meet the positive duty criteria is an essential element to reduce gender discrimination and inequality in the workplace. Employers have a legal obligation to provide an environment that is free from discrimination, harassment and victimisation. The proactive approach requires employers to take action to prevent this unlawful conduct and create a safe, inclusive environment for all workers.
Importance of Gender Equality
Gender equality is imperative so that all people can access the same opportunities, rewards and resources regardless of gender. It is the foundation of a healthy and productive workplace that is inclusive and fair to all employees. With gender equality, women are no longer penalised with less pay and less opportunities for advancement. They are less likely to be stereotyped as primary caregivers being less committed to their careers. Gender equality reduces the risk of sexual harassment by addressing the power imbalance and bias that drives it. Often rigid stereotypes contribute to these harmful and unlawful behaviours.
Businesses and organisations flourish when gender equality is prioritised. A business with a reputation for equality attracts more diverse talent and experiences lower employee turnover. Female leadership roles statistically lead to higher likelihood of outperforming peers in key metrics. Business profits and market value improves in gender diverse and inclusive workforces.
Although there have been improvements over the years, gender discrimination still exists in the workplace. Women are paid less than most men and are more likely to be subjected to harassment. Under the positive duty, employers have a legal responsibility to prevent any form of discrimination and harassment and create an equal workplace. To find out more about the positive duty and gender discrimination, contact the experts at Positive Duty.