Harassment, Discrimination and Vilification

For many gay men and lesbians discrimination and harassment is a common experience in their everyday lives. It can happen in schools, universities, TAFE, workplaces and within neighbourhoods. Harassment over a period of time can be very traumatic and distressing. It can have a significant impact on the day to day lives of those who are experiencing it.

Anti-gay and lesbian harassment, discrimination and vilification are all forms of violence. Violence in any form – physical violence, verbal abuse, threats of violence, property damage, discrimination, harassment or intimidation – is totally unacceptable.

What is harassment?

Harassment is behaviour that is unwanted, unasked for, unwelcome, offensive, humiliating or intimidating. Harassment is often about one person (or a group of people) using power inappropriately over another person/group of people. But harassment can also happen between individuals where there are no power relationships. In NSW, some forms of harassment are unlawful.

Examples of harassment include:

• Homophobic jokes in your workplace
• Being teased by schoolmates because you are gay or lesbian
• Homophobic hate mail from your neighbour

What is discrimination?

In NSW, it is also against the law in some circumstances to discriminate, or to treat someone unfairly, because they are gay or lesbian. The Anti-Discrimination Act, makes it unlawful to discriminate against gay men, lesbians and transgender people in most types of work, in the provision of goods or services, in rented accommodation, at a State educational institution and when joining or using a registered club.

Examples of unlawful discrimination include:

• Being sacked from your job because you are gay or lesbian.
• Being denied a rental property because you are gay or lesbian.
• Being rejected from joining a club because you are gay or lesbian.

Victimisation is acting to the detriment of, or discriminating against, someone because they have made allegations of unlawful discrimination. This is also unlawful in NSW.

What is vilification?

It is also against the law to do anything publicly that could encourage hatred, serious contempt, or severe ridicule of lesbians and gay men. This is called vilification.

Examples of vilification include:

• Graffiti that encourages hatred of lesbians and gay men
• Speeches made in public that incite violence against lesbians and gay men
• Abuse that happens in public that ridicules lesbians and gay men

This series of fact sheets provide some helpful advice and handy tips for dealing with homophobic harassment in a range of situations.

Harassment at work

Harassment from neighbours

Harassment in schools

Harassment at University or TAFE

Making a police report

Finding help and support

Finding legal help

Keeping a harassment diary

Remember, if you are in immediate danger, you should always call the police on 000.