Human Rights & Equal Opportunity Com v P

The Human Rights and Equal Opportunity Commission (HREOC) brought proceedings against P, alleging unlawful discrimination on the ground of sex, contrary to section 12(1) of the *Sex Discrimination Act 1984* (Cth). The dispute concerned P's refusal to employ a woman as a pilot for a commercial aircraft, citing concerns about the physical demands of the role and the potential for sexual harassment. The matter was heard by the Full Federal Court of Australia.

The central legal issue before the Full Federal Court was whether P's refusal to employ the woman constituted unlawful discrimination on the ground of sex under the *Sex Discrimination Act 1984*. This required the Court to consider whether the reasons provided by P for not employing the woman were legitimate and whether they fell within any exceptions or defences available under the Act, particularly concerning the inherent requirements of the employment.

The Court reasoned that the *Sex Discrimination Act 1984* prohibits discrimination on the ground of sex unless it is based on the inherent requirements of the particular position. P had failed to establish that the physical demands of being a pilot were so inherently demanding that they could not be met by a woman. Furthermore, P's concerns about potential sexual harassment were found to be based on stereotypes rather than objective evidence, and therefore did not constitute a defence. The Court affirmed that discrimination based on assumptions about gender roles or the likelihood of harassment is unlawful.

The Full Federal Court found that P had unlawfully discriminated against the woman on the ground of sex and ordered that P pay damages to the applicant.