Workplace discrimination occurs when an employee or job applicant is treated less favourably because of a protected attribute or feature.
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 or feature. Discrimination is prohibited under the Fair Work Act (as adverse action) and under federal, state, and territory anti-discrimination legislation.
Protected attributes or features vary by jurisdiction but commonly include age, physical or mental disability, race, sex, sexual orientation, gender identity, pregnancy, family or carer’s responsibilities, religion, political opinion and martial or relationship status. Discrimination can be direct (treating someone less favourably because of an attribute or feature) or indirect (applying rules that disadvantage people with certain attributes or features).
Key Compliance Points for Employers
- Discrimination can occur at any stage of the employment or contractor relationship
- 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
- Ensuring that employers have good policies and training for employees can help establish a defence to legal claims
Frequently Asked Questions
What is Discrimination?
Workplace discrimination occurs when an employee or job applicant is treated less favourably because of a protected attribute or feature.
Why is Discrimination important for employers?
Understanding discrimination helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
