Anti-Discrimination and Sexual Harassment

Discrimination 

In Australia, it is unlawful to discriminate on the basis of a number of protected attributes including age, disability, race, sex, intersex status, gender identity and sexual orientation, including education and employment. 

Australia’s federal Anti-Discrimination laws are contained in the following legislation and the Australian Human Rights Commission has statutory responsibilities under them:

Age Discrimination Act 2004

Disability Discrimination Act 1992

Racial Discrimination Act 1975

Sex Discrimination Act 1984

Australian Human Rights Commission Act 1986

The following legislation operate at a state and territory level, with State and Territory anti-discrimination agencies having statutory responsibilities under them:

• Australian Capital Territory

  : Discrimination Act 1991 

• New South Wales

  : Anti-Discrimination Act 1977 

• Northern Territory

  : Anti-Discrimination Act 1996 

• Queensland

  : Anti-Discrimination Act 1991

• South Australia

  : Equal Opportunity Act 1984 

• Tasmania

  : Anti-Discrimination Act 1998 

• Victoria

  : Equal Opportunity Act 2010

• Western Australia

  : Equal Opportunity Act 1984.

No tolerance for discrimination

DiDi does not tolerate discrimination against Drivers or Riders based on race, religion, national origin, disability, gender identity or sexual orientation, marital status, age or any other characteristic protected under applicable Federal or State law.

Examples of discrimination: 

A driver intentionally refusing or cancelling requests solely for the purpose of avoiding a particular neighbourhood due to the characteristics of the people that are located in that area is not allowed.

A rider making comments in reference to the driver’s qualities or attributes that is intended to insult, disparage, or belittle the driver.

Should a rider or driver found to be in breach of discrimination laws or conducted behavior that is discriminatory, they will be suspended from the platform after completing a thorough investigation process.

Sexual Harassment

Sexual harassment is an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated.

The Sex Discrimination Act 1984 (Commonwealth) defines the nature and circumstances in which sexual harassment is unlawful. It is also unlawful for a person to be victimised for making, or proposing to make, a complaint of sexual harassment to the Human Rights and Equal Opportunity Commission.

Examples of sexually harassing behaviour include:

• unwelcome touching;

• staring or leering;

• suggestive comments or jokes;

• sexually explicit pictures or posters;

• unwanted invitations to go out on dates;

• requests for sex;

• intrusive questions about a person’s private life or body;

• unnecessary familiarity, such as deliberately brushing up against a person;

• insults or taunts based on sex;

• sexually explicit physical contact; and

• sexually explicit emails or SMS text messages.

Personal space and privacy should be respected

The following list provides examples of inappropriate conduct and are not limited to:

• Do not ask personal questions (for example, about relationship status or sexual orientation)

• Do not comment on appearance (for example, derogatory or “complimentary” comments)

• Do not make explicit comments or gestures (for example, slurs or graphic or suggestive messages)

• Do not flirt (for example, nonverbal, suggestive flirting or being too physically close)

• Do not display indecent material (for example, sexually suggestive objects or pictures)

The above scenarios are common examples which breaches DiDi’s terms and policies, including DiDi’s community guidelines and may result in legal consequences. 

From September 2022, face masks are no longer mandatory in public transport including ridesharing services. This applies to Driver Partners and Passengers.

State and Territory Public Health Orders advice that if Driver Partners or Riders have a medical condition or a disability that requires them to keep their face uncovered, this is a lawful exemption of not having to wear a face mask.

A Driver or Rider does not have to wear a face mask if they have a medical exemption.

Medical exemptions include relevant medical conditions such as problems with breathing, a serious skin condition on the face, a disability, or a mental health condition such as asthma.

Face masks and face mask exemptions in State and Territory Public Health Orders is available on the Australian Human Rights Commission website.

To learn more, please visit: https://humanrights.gov.au/facemasks

Help keep one another safe

Everyone has a role to play in helping to create a safe environment in the DiDi platform.  

If you experience any inappropriate behaviour, do report it. 

DiDi Incident Response Team is available 24/7 via App.

If you ever feel unsafe during a trip, tap the SOS button to contact emergency services.