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Proposals to insert "clearer, and in some contexts prioritised, protections based on biological s-x" in discrimination laws would add a further layer of complexity to employers' obligations in this space, according to a workplace lawyer.

If the amendments to the Commonwealth Sex Discrimination Act are passed by Parliament, employers could find it harder to balance the potentially competing rights of employees, while also ensuring they remain compliant with existing anti‑discrimination and work health and safety obligations, Seyfarth Shaw partner Rachel Bernasconi says.

The Sex Discrimination Amendment (Sex-based Rights) Bill 2026 was introduced to Federal Parliament on Monday, in the wake of the high-profile Giggle for Girls v Tickle ruling, handed down by a full Federal Court.

In that case, the bench found women-only platform Giggle for Girls unlawfully discriminated against transgender woman Roxanne Tickle, on the ground of her gender identity, when it excluded her from accessing the Giggle app...