AustraliaI'm transgender and my employer refuses to use my preferred name. Is this discrimination?
Yes, refusing to use your preferred name because you are transgender is likely unlawful discrimination under federal and some state anti-discrimination laws in Australia.
What the Law Says
Under Australian federal law, it is unlawful for an employer to discriminate against you because of your gender identity — including by refusing to use your preferred name and pronouns.
The Sex Discrimination Act 1984 (Cth) protects people from discrimination on the basis of 'gender identity'. Section 5B(1) defines gender identity as 'the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person's designated sex at birth.'
Using a person’s incorrect name or pronouns — especially when done deliberately and repeatedly — can constitute direct discrimination or create a hostile work environment, which is also prohibited.
Some states and territories have their own anti-discrimination laws that also protect transgender people. For example, the Anti-Discrimination Act 1977 (NSW), Equal Opportunity Act 2010 (Vic), and Anti-Discrimination Act 1991 (Qld) all explicitly prohibit discrimination on the basis of gender identity or transgender status.
Statutory Textgender identity means the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person's designated sex at birth.
— Sex Discrimination Act 1984 (Cth), s. 5B(1) — Interpretation
Statutory TextIt is unlawful for a person to discriminate against another person on the ground of the other person's gender identity...
— Sex Discrimination Act 1984 (Cth), s. 38A — Discrimination on the ground of gender identity
What to Do
Politely but clearly tell your employer (in writing if possible) that using your preferred name and pronouns is important to your dignity and safety, and request they respect it.
If the refusal continues, raise the issue with HR or a workplace representative, citing the Sex Discrimination Act 1984 (Cth).
You can make a complaint to the Australian Human Rights Commission (AHRC) within 4 years of the incident.
You may also lodge a complaint with your state or territory anti-discrimination agency if stronger local protections apply (e.g., NSW, Victoria, Queensland).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.