Discrimination

- Employment Law

What is unlawful workplace discrimination?

Unlawful workplace discrimination is treating someone in the workplace less favourably than others because of a personal characteristic they have (direct discrimination), such as:

Race
Colour
Sex and/or sexual preference
Age
Physical or mental disability
Marital status
Family or carer responsibilities

Pregnancy
Religion
Political opinion
National extraction or social origin
Trade union membership or participation in trade union activities

Discrimination can also take the form of indirect discrimination, which is where an unreasonable policy might be implemented that applies to everyone, but has the effect of disadvantaging someone with a protected characteristic.

Discrimination is a complex area of law. There are state and federal anti-discrimination laws, as well as protections from adverse action for discriminatory reasons under the Fair Work Act 2009 (Cth). The facts and circumstances of each matter will determine where a claim or complaint ought to be made.

Adverse action for discriminatory reasons might be things such as dismissing an employee, demotions, altering their position to their detriment, or discriminating between employees.

To learn more about adverse action, click here.

How can discrimination in the workplace be prevented?

There are steps that can be taken by employers to minimise the risk of discrimination in the workplace, such as:

Having properly drafted anti-discrimination policies and procedures
Educating employees on discrimination
Training managers and supervisors on how to deal with discriminatory behaviour
Dealing with issues involving discrimination quickly and appropriately
Implementing reasonable adjustments where required

What are reasonable adjustments?

Reasonable adjustments are changes that can be implemented in the workplace that allow a person with a disability, injury or illness, to perform the inherent requirements of the job. However, if the adjustments place unjustifiable hardship on the employer, the employer will not be found to have discriminated against the employee by failing to implement those adjustments.

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Our Principal Holly Mylne can help you with all Employment Law matters.

Holly Mylne, our Principal at Blossom Lawyers, has successfully represented employers and employees in a range of employment law matters.

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