With new sexual discrimination laws now in effect, an Australian workplace lawyer says employers should be particularly wary of systemic and sometimes indirect gender and sexuality bias at work.

Katie Sweatman, senior associate at DLA Piper says employers and HR departments should be aware of the requirements which may not be suitable for a person who identifies as intersex or trans-gender. This could include allowing someone to use the toilet and change-room facilities of whichever gender they identify with, rather than one they may have changed from. Another situation Ms Sweatman highlighted would be a black-tie or other work formal event, where an employee should be allowed to dress in the manner of the gender with which they most strongly associate.

Bias on gender or sexuality in official documents and agreements should be sought out and removed as well, Ms Sweatman says: “Where there are forms that indicate binary male or female, considering whether or not that information is really required to start off with, and if it is required, whether there can be the option of an employee to tick something other than the binary male or female... I can’t think of any particular occupation or any particular circumstance where ‘male or female’ is going to be relevant. Where it may be relevant is as part of a medical check but then that would be something a medical practitioner would be reviewing rather than the employer.”

Consideration should also be made for parental leave for the non-reproducing parent in a same-sex relationship, with reports lesbian partners are often denied the leave allocated for the 'father' of a child.

Ms Sweatman said more than anything LGBTI employees would just want a smooth transition or introduction to a new job with discretion, sensitivity and without alienation.

“It is really just about recognising the individual and their right to identify sexually and in terms of their gender in the way that makes them most comfortable and that is going to make them a happier and more productive employee,” she said.

Details on the now-active Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 are available online.