Are sex workers protected against discrimination by law?
Decades of sex worker-led advocacy have secured anti-discrimination protections for sex workers in Tasmania, the Northern Territory, Queensland and Victoria. In the Australian Capital Territory, there are protections for some, not all, types of discrimination. However, these laws vary between jurisdictions, and many sex workers across Australia remain without adequate legal protection against discrimination.
Even where protections exist, accessing them can be difficult and there are many reasons they fail to protect sex workers. Some laws require us to demonstrate that we were treated less favourably than someone in similar circumstances who isn’t a sex worker. Courts have interpreted these requirements narrowly enough to make winning nearly impossible.
Taking legal action can also put our privacy and safety at risk. Making a complaint may require us to disclose our legal names and identities to the person or organisation responsible for the discrimination. If a complaint progresses to a tribunal or court, name suppression has to be applied for again at every stage, with no certainty it will be granted.
Many sex workers who have made complaints are pushed towards conciliation and non-disclosure agreements that prevent us from speaking publicly about our experiences. The result is that discrimination against sex workers is both common and almost entirely undocumented. The rare cases that make it as complaints are important, but not the entire solution.
Despite these barriers, sex workers who challenge discrimination through the legal system play an important role in advancing our rights. Successful cases can establish important precedents and create change beyond individual circumstances.