Things to Know About Discrimination at Workplace in Australia

1. Things to Know About Discrimination at Workplace in Australia Discrimination at the workplace in Australia is one of the most common areas that people lodge formal complaints about. There is prohibition in Australia in relation to discrimination on the grounds of attributes such as age, disability, race, sex, sexual orientation, These prohibitions are contained in various pieces of Commonwealth legislation, including the Anti-Discrimination Act and the Fair Work Act. It is important to hire anti-discrimination lawyers given the complexity and volume of laws that govern discrimination in Australia. This article briefly discusses some of the things you should know in relation to discrimination in the employment context. ü Discrimination can be direct or indirect. Direct discrimination occurs when an employer discriminates against an employee because of protected attributes such as their disability, age, and race. ü On the other hand, indirect discrimination occurs when an employer imposes a condition or requirement that, on the face of it, appears to treat and affect everybody equally but has the actual effect of disadvantaging a particular group because of a protected attribute. Therefore, you should consider whether any of your policies might be indirectly discriminatory. ü Employers in Australia can be held to be liable for the discriminatory conduct of one employee against another employee. In case you are discriminated by your employers in Australia, you should seek immediate legal advice on employment by an experienced lawyer.

2. ü Consult a professional attorney immediately if you feel that you weren’t offered employment because of something that was raised in the interview process in relation to their ethnicity, sex, race or age. ü Discrimination complaints can be brought as stand-alone complaints before the Australian Human Rights Commission or the Anti-Discrimination Board. Moreover, it can also form part of a general protections or adverse action claim before the Fair Work Commission. Be aware that there is a law in place for preventing “double dipping” that occurs when a complainant lodges a claim in more than one jurisdiction for the same complaint. ü Some types of discrimination such as “affirmative action”, “positive discrimination” or special measures” could constitute a defense or exception to discrimination. There is also a variety of defenses specific to certain types of discrimination. ü Employers must ask the Australian Human Rights Commission for an exemption from the law if they want to impose a condition or requirement that may be discriminatory. If you feel that you were discriminated by your employers in Australia then you may seek immediate guidance from a reputed anti-discrimination attorney in Australia. ü Offensive comments aimed at a particular employee or group of employees made on the basis of someone’s ethnicity, religion, race, age, etc. can also be actionable under the vilification provisions in the anti-discrimination legislation. ü If repeated, these types of rude or offensive comments could also potentially form part of a bullying claim. You can complain against your employer if they don’t have policies in place that clearly establish what is acceptable behavior at the workplace and what is not.

3. You should be well aware of the different types of discrimination that can occur at the workplace in Australia. Contact a work-place related attorney immediately if you need advice in relation to discrimination laws in Australia.