Workplace discrimination occurs when an employee or job applicant is treated less favourably because of a protected attribute.
Legislation: Fair Work Act 2009; State/Territory Anti-Discrimination Acts | Category: Equal Opportunity
What is Discrimination?
Workplace discrimination occurs when an employee or job applicant is treated less favourably because of a protected attribute. Discrimination is prohibited under the Fair Work Act (as adverse action) and under federal, state, and territory anti-discrimination legislation.
Protected attributes vary by jurisdiction but commonly include age, disability, race, sex, sexual orientation, gender identity, pregnancy, family responsibilities, religion, political opinion, national extraction, and social origin. Discrimination can be direct (treating someone less favourably because of an attribute) or indirect (applying rules that disadvantage people with certain attributes).
Key Compliance Points for Employers
- Discrimination can occur at any stage: recruitment, terms and conditions, promotion, training, or termination
- Employers can be vicariously liable for discriminatory conduct by employees
- Some discriminatory conduct may be lawful if it is an inherent requirement of the role
- Reasonable adjustments may be required for employees with disabilities
- Equal Opportunity policies and training can help establish a defence to liability
Frequently Asked Questions
What is Discrimination?
Workplace discrimination occurs when an employee or job applicant is treated less favourably because of a protected attribute.
Why is Discrimination important for employers?
Understanding discrimination helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
