A Queensland girl has unsuccessfully sued her school, after claiming its uniform policy constituted gender discrimination against female students.
The unnamed school, which requires female students to wear skirts to formal occasions, dismissed the allegations as “offensive and baseless.”
The Queensland Civil and Administrative Tribunal () ruled there was insufficient evidence to support the student’s claims of sex discrimination.
The school uniform gender discrimination case
The school’s uniform policy allows female students to wear culottes, shorts, or trousers on regular school days. However, skirts are mandatory for formal events — excursions, ceremonies, class photographs, or awards nights.
Male students are allowed to wear shorts or long pants.
A student at the school went to the Queensland Human Rights Commission arguing the policy discriminated against her on the basis of sex. The case was then referred to the tribunal.
The student argued that the school’s uniform policy placed an unfair financial burden on her by requiring her to buy both skirts and trousers.
The complainant said she experienced “negative psychological effects” from wearing a skirt.
She attributed this to gender stereotypes and power dynamics reinforced by the “clear visual divide between male and female students”.
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She noted that skirts provide less warmth in cooler weather, even with stockings.
The student also argued wearing a skirt risked sexualising female students due to the possibility of exposing underwear.
She said: “When wearing a skirt, there is an extra level of thinking required about the way I move and sit, as to not expose myself.”
Response
Thedenied any claims of less favourable treatment for female students, calling the allegations “offensive and baseless.”
It argued its uniform policy aligns with “community standards” and noted that most female students choose to wear skirts every day, even though they have the option of wearing pants.
Ruling
QCAT Member Jeremy Gordon noted “different treatment between the sexes” in the school’s uniform policy. However, he said there was insufficient evidence to prove that the policy directly discriminated against female students.
He suggested that bike shorts or stockings could be worn to improve the student’s comfort in a skirt.
He also dismissed concerns about modesty, because the school requires that students’ skirts be long enough to touch the ground when kneeling.
