Discrimination
Have you been discriminated against in the workplace?
Across Australia and in each state and territory, there are a number of laws aimed at preventing unlawful discrimination based on a protected attribute.
What is discrimination?
There are a number of laws across Australia that define discrimination, and each has a slightly different definition.
However, in general, unlawful discrimination is defined as:
- being treated unfavourably based on a protected attribute; or
- not being reasonably accommodated for having a protected attribute.
Discrimination in employment may be permissible if an employee cannot meet the inherent requirements of a position, or if the accommodations would create unjustifiable hardship for the employer.
What attributes are protected?
This again depends on the applicable legislation, but the following attributes are often protected attributes:
race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer’s responsibilities, subjection to family and domestic violence, pregnancy, religion, political opinion, national extraction or social origin.
How can we help?
There are several courses of action an employee can take if they are the subject of unlawful discrimination, and the action depends entirely on their circumstances.
We may assist you with:
- Reviewing your situation to confirm whether you are being discriminated against
- Negotiating with your employer with respect to the alleged discrimination
- Assisting with a formal complaint to HREOC, the Fair Work Commission, or other equal opportunity tribunal.
This article contains information only and is not legal advice. Discrimination is a complicated area of law. If you believe you are being discriminated against, please click ‘book now’ for a confidential consultation.
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