It’s time to fight fire with fire. The Commonwealth Workplace Gender Equity Agency is, in my opinion, engaging in blatant gender discrimination.

And it’s time that we Australians had some fun and beat them at their own game. According to the latest data, women only earn 78 cents for every dollar that men earn in Australia. And we’re told that this is due to discrimination, which creates this gender pay gap. But if that’s true, then I have a question. Where are the lawsuits? Paying different genders differently for the same work has been illegal in Australia since the Sex Discrimination Act of 1984 more than 40 years ago. So, if companies are paying less for a woman to do the same work as what they pay a man, where are the lawsuits?

The answer, of course, is that there are no lawsuits because they’re not paying women less for the same work. The answer is that the reason for the difference in earnings is because there’s a difference in the work being done or the conditions under which the work are being done or some other substantive difference, which means that it is not different pay for the same work. And you can cry about that all you like, but if women are actually being paid less to do actually the same work, the lawyers would be making hay out of it. And they’re not.

But the parasites at the Workplace Gender Equity Agency are building entire careers out of this obvious fallacy, and it’s time to give them the middle finger in the form of civil disobedience known as malicious compliance.

Because the only pay gap we should be worrying about is the pay they get for the gap between their ears. At the end of this video, I’m going to show you a simple way to fight back. And I’m going to show why, in my opinion, the Workplace Gender Equity Agency is engaging in gender discrimination. Because in their equity survey, they give specific choices to some genders and not to others.

If you’re an enterprising lawyer looking for some low-hanging fruit for a fun lawsuit against the government, hold on to your hat because I think maybe I’ve got something for you at the end of this video. But first, my name is Topher Field. This is the Topher Project, and I help busy people like you to keep up with the world as it changes around you. And every now and again, I help you to make the world a better place by having a bit of fun at the expense of the fools in Canberra. I am 100% viewer supported. So please buy me a coffee via the button at topherfield.net and check out my books, DVDs, and merch at goodpeoplebreakbadlaws.com.

Okay, so the data does clearly show that there is a gap in how much men are paid versus how much women are paid on average in Australia. That’s a statistical fact. The gap is real. The question is why? The official answer is because patriarchy, because sexism, because glass ceiling. But the real answer is far less politically correct. It’s because testosterone.

Testosterone is the dominant hormone in most men. And study after study shows that increased testosterone leads not only to increased muscle mass and increased bone density and a range of physical changes. We know that it also leads to increased competitiveness, increased risk-taking and increased willingness to shoulder greater workloads and responsibilities and a range of other psychological, mental and emotional changes as well.

It’s a fact that men on average have between 10 and 20 times more testosterone than women. And even a high level of testosterone in women, which is regarded as 2.4 nanomoles per liter, compares to a low level in men that is four times higher at 10 nanomoles per liter and ranging in typical men up to 34 nanomoles per liter or about 15 times higher than the high end of the female range. Which means men on average will make very different choices to women on average. And it turns out that those choices tend to make them worth more in the workplace and in business over time.

Now, there’s the obvious capacity for more physical jobs, but that’s only one layer of difference. Men in the corporate world are known to be more aggressive, more competitive, to tell their boss to give them a raise or they will leave. And then they’re more likely to follow through on that threat. Men are more willing to be willing to take on top-level C-suite roles that will completely take over their lives. They’re more willing to sacrifice everything else, including family and friends and hobbies and passions and even their health in pursuit of their career.

Now, I don’t think that’s a good thing, by the way, but someone with more testosterone is more likely to make those sacrifices. And whilst they will probably end up as a miserable shell of themselves, divorced from their wives and hated by their kids, from a strict career and income point of view, they win. That testosterone gives them an edge to earn more. And that’s what these gender equity studies are looking at.

Now, people with lower testosterone, including males with lower testosterone, by the way, well, they’re more likely to reach a point where they think, you know what, I don’t really want to push myself any harder than I already am. I want to see my kids. I want to have friends. I want to have a work-life balance. And that’s actually a good thing. That’s healthy. I think that the women have got this one right. But it does lead to the emergence of a perceived glass ceiling. Not necessarily because women are being kept down artificially, but because they’re rightly less willing on average to make those extreme unhealthy sacrifices necessary to outcompete everyone else for that next step.

Now, I know I’ve already made a lot of people mad, but let’s talk about self-employment for a moment because that’s going to really piss even more people off. According to Sacred Heart, Sacred Heart University, among other studies, the gender pay gap is bigger for self-employed people than it is for employed people. Why would self-employed women make even less money than employed women when compared to their male counterparts? Again, different choices. Men are more likely to have a crack at a lucrative but extremely competitive industry in the often delusional belief that they’ve got what it takes to outcompete all of the established players. Now, for most men, that leads to spectacular failure. But for the few who really do have what it takes, it leads them to fabulous big success.

Okay, so the gap is real, but the cause is differences in choices stemming from our differences in biology.

And the solution isn’t quotas or gender equity reports. But what do we do about it? Well, every year the overpaid bureaucrats at the Workplace Gender Equity Agency come out with their reports based on data collected via mandatory reports that larger employers are required to fill out. And every year on August 19th, they grandstand on our dime for equal payday using that data that they’ve collected from those mandatory reports to once again pretend that we are all the problem and that the gender pay gap is a problem that bureaucrats and politicians need to fix rather than it just being a reflection of our differing preferences.

So, what if we messed with their data? Not by filling it out incorrectly, but by complying fully with their rules. Malicious compliance. Every year, employers in Australia with more than 100 employees are required to fill out a gender equity report stating the gender, role, and pay of all of their employees. It’s this data that gets used to beat us all over the head every year. But, and here’s the key, every employee has the right to choose their gender. And I’m not going to suggest that you fill out the gender inaccurately. Not at all. That would be wrong. I’m going to simply suggest that you insist on equal rights for all genders.

Employers are required to comply with employees’ self-defined genders in this report. But interestingly, the instructions given by the government in this workplace gender report, in my opinion, are actual genuine gender discrimination. Follow me here. For this report, employers are required to enter each employee’s gender as male, female, or non-binary. But in the important note underneath in the instructions, it says that if an employee does not wish to disclose their non-binary gender status, you should not include them in the workplace profile or workplace management statistics submission.

Hold on. Why do non-binary people get the right not to disclose their gender, but other genders don’t get that right? Isn’t that blatant gender discrimination? What if someone who’s male or female doesn’t think that their gender is all that important or for whatever personal reasons just prefers not to disclose their gender? Shouldn’t they have equal rights along with non-binary people?

The Gender Equity Agency is saying that non-binary genders have the right to refuse disclosure, but binary genders do not have that right.

Well, that looks like gender discrimination to me from the gender equity agency. When it comes to discrimination, if the government didn’t have double standards, they would have no standards at all. So, if you’re an employer who has to fill out this report, I would suggest that you think very carefully before you participate in this blatant gender discrimination. And I think if you wanted to object, you might consider doing it on the grounds that this blatant gender discrimination is illegal and could expose you and your company to lawsuits for discrimination. And subject to your own legal advice. I’m not a lawyer and this is not legal advice. I’d suggest that you consider whether you, out of respect for the equal rights of all of your employees, consider defaulting your entire workplace to the prefer not to say option, with employees then of course having the right to disclose their gender on the report if they choose to.

See, for you to disclose your employee’s gender without asking them first is to assume their gender, and again, given that gender can change remember, we’re just playing by their rules here it seems presumptuous for you to assume that they are still the same gender that they said they were last year. So, out of respect for gender rights, I don’t think you should submit an employee’s gender on this report unless they tell you what it is on the day that you’re filling out the report. And if they don’t tell you, well, how could you in good conscience fill out any of the boxes on this report besides prefer not to say?

This gender equity report is a legal landmine sitting under every employer requiring them to participate in gender discrimination, in my opinion, because it gives certain rights to non-binary genders which are not extended to male or female. Now, if I were an employer, I would refuse to participate in government-mandated gender discrimination.

Again, this video is not legal advice. But as I try to make sense of what’s sitting right in front of me and now is in front of you, it looks to me like the only way to be safe from being sued for gender discrimination by filling out this form is to default your entire workplace to the prefer not to say option until and unless each individual tells you otherwise each and every time you fill out the survey. And if I were an employee of an organization large enough to be required to fill out this report, which means more than 100 employees, I’d be asking HR and perhaps the compliance team, what are you going to do about this blatant discrimination? And why are you denied the right to prefer not to say on the basis of your gender when other genders are given that right?

Malicious compliance. They make the rules and the rules are such a mess that they can’t even comply with their own rules themselves.

And we can trip them up by maliciously complying. They are putting employers in a position where if they follow the rules as written, they might be engaging in gender discrimination, which is against the law. And they’re putting employees in a position where they have differing rights depending on their gender. Now, this might seem petty to you, but actually, in my opinion, this cuts to the heart of the absurd overregulation and moral busybody do-gooding which is destroying this country. They’ve created such a tangled web of rules that they can’t even comply with them themselves.

Now, civil disobedience takes many different forms, and sometimes, as my books talk about extensively, sometimes good people break bad laws. But sometimes the best form of protest, the best form of civil disobedience, is obedience taken to the extreme. Strict letter of the law obedience to demonstrate just how unworkable, absurd, and unnecessary their rules have become. They wrote the rules for the game. It’s not our fault if we’re better at playing.

Now, go and get your own legal advice first. But subject to that legal advice, why not give it a go?

My name’s Topher Field. This is the Topher project and I help busy people like you to make sense of the nonsense or in this case to push back against the nonsense. You can help me to keep the Topher project going by buying me a coffee via the button at topherfield.net. And if civil disobedience is a topic that you recognize the need to learn more about, and I’d argue that it is something that all Australians need to be learning about right now, then head over to goodpeoplebreakbadlaws.com where you’ll find my two books on civil disobedience.

There’s Good People Break Bad Laws, all about the role of civil disobedience in a modern age. Then there is Good Christians Break Bad Laws, all about the theology of civil disobedience. And while you’re there, you’ll also find my DVD documentary, Battleground Melbourne, and my range of t-shirts and hoodies in a range of different designs and slogans. Now, some are funny, some are serious. They’re all great conversation starters, and everything you buy will be helping me to keep the Topher project going at goodpeoplebreakbadlaws.com.

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