Discrimination is a complex area of the law. There is a prohibition against certain forms of discrimination in the workplace under a number of federal, state, and territory statutes across Australia including:
The Commonwealth Discrimination Acts:
The Commonwealth statutes have significant overlap with each state and territory’s discrimination legislation. Employer’s may have to comply with both sets of laws.
Who is covered by this legislation?
What does this Act prohibit?
The Fair Work Act 2009 prohibits employers and principals from discriminating against current and prospective employees or contractors on the basis of their race, colour, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
However, if the action is not unlawful under any anti-discrimination law in force in the place where the action is taken (meaning that the action is allowed under state/territory anti-discrimination law), it is also not unlawful discrimination for the purposes of this Act..
Who is covered by this legislation?
What do these Acts prohibit?
The Racial Discrimination Act 1975 prohibits employers from discriminating against a current or prospective employee on the ground of their race.
The Sex Discrimination Act 1984 prohibits employers from discriminating against a current or prospective employee on the ground of their sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, breastfeeding, or family responsibilities.
It is also unlawful for an employer to sexually harass their employee, or for an employee to sexually harass their fellow employee. In the latter case, the employer can be held vicariously responsible for the actions of its employee.
The Disability Discrimination Act 1992 prohibits an employer from discriminating against an employee on the ground of their disability by either treating them less favourably than they would someone without the disability in similar circumstances, or by making them comply with a requirement or condition that disadvantages the employee because of their disability. Employers must also make reasonable adjustments to allow the disabled employee to carry out the inherent requirements of their job, up to the point that those adjustments would cause the employer unjustifiable hardship.
See also: Reasonable Adjustments
The Age Discrimination Act 2004 prohibits an employer from discriminating against current or prospective employees on the ground of their age.
Who is covered by the legislation?
What does the Act prohibit?
The Discrimination Act 1991 prohibits an employer from discriminating against a person on the basis of their sex, sexuality, gender identity, relationship status, status as a parent or carer, pregnancy, breastfeeding, race, religious or political conviction, disability, including aid of assistance animal, industrial activity, age, profession, trade, occupation or calling, spent conviction, and association (as a relative or otherwise) with a person who has one of the above attributes.
It also prohibits sexual harassment and vilification on the basis of race, sexuality, gender identity or HIV/AIDS status.
Who is covered by this legislation?
What does the Act prohibit?
It prohibits an employer from discrimination against a person on the basis of their race, including colour, nationality, descent and ethnic, ethno-religious or national origin, sex, including pregnancy and breastfeeding, marital or domestic status, disability, homosexuality, age, transgender status, and carer responsibilities.
It also prohibits sexual harassment and vilification on the basis of race, homosexuality, transgender status or HIV/AIDS status.
Orders for compensation can be made for breaches of discrimination laws. This can include compensation for both financial and non-financial loss.
Contact our Employment Law & Investigations Team for more information.