Over the years the Equal Opportunity Commission has received complaints and enquiries about sex discrimination related to dress codes when a person on the door of a venue will not let in a man who is wearing comparable clothing or footwear to a woman who is allowed into the venue.
In those instances, the respondent may be able to rely on the public standards provision of the Equal Opportunity Act (the Act) where public dress standards for women and men may vary.
In those instances, it will often be necessary to look at the clothes, shoes, jewellery, hair style, and body art, that is accepted by the community at large, depending on the setting and considering the fashion and trends of the day.
For example, 10 years ago there may have been different standards applied to females and males wearing singlets and sandals but over time the public might come to accept that men can wear singlets and sandals to pubs and other venues whereas previously only women were allowed access when wearing these items.
However, it may be different when it comes to the ground of race or religious conviction.
When a complainant can show that the dress or tattoos are cultural or relate to their religious conviction, they may have a ground for a complaint.
In 2019, there were media reports of a Perth girl being suspended from school for wearing a nose ring which she said she wore as part of her Hindu culture and religious conviction. After six weeks the girl was able to return to the school with the nose ring.
When a complainant alleges they have been denied access to places/vehicles, education or refused goods and services based on a characteristic related to their race or religious conviction, the complaint will be accepted by the Commissioner for investigation and will go through the complaints process.
It is therefore wise for those providing access to venues or goods and services to be aware of whether any aspect of dress or tattoo has cultural significance to a person’s racial identity or to a person’s religious conviction. It is also wise for a venue to consider wider public standards on dress codes.
The Commission has information on all grounds of the Act on its website.
We also recommend seeking legal advice when developing policies and procedures for access to venues or for providing goods and services.
