What to do when you encounter unfair treatment in your workplace
In Australia, anti-discrimination laws ensure that employees, contractors, and volunteers are protected from unfair treatment in the workplace. These protections are governed by federal laws such as the Age Discrimination Act and the Sex Discrimination Act, and are supplemented by state and territory-specific regulations.
Direct vs. indirect
Recognizing the type of discrimination is key in addressing and resolving issues effectively. Whereas direct discrimination is where someone is treated less favorably because of specific characteristics, indirect discrimination is where seemingly neutral policies disproportionately impact individuals with certain traits.
Understanding State Nuances
Each Australian state and territory has unique discrimination laws, and certain characteristics like parental status, breastfeeding, and political beliefs may be protected differently depending on the location. Understanding local regulations is crucial for recognizing and addressing discrimination
Addressing unfair treatment
Employees experiencing unfair treatment or discrimination should first report the issue to their manager, contact workplace regulators if mental health is affected, and seek resolution through the Australian Human Rights Commission or relevant industry bodies. They may also file claims for unfair dismissal or bullying if necessary.
All employees across the world must be treated with equal opportunity, and that it is unlawful for employers and employees alike to discriminate someone in the workplace.
The anti-discrimination law in Australia protects workers, independent contractors, and volunteers from ranges of discrimination. The legislation also covers employer organizations, training bodies, employment agencies, and trade unions.
There are four major federal law concerned with discrimination at the state level that enact under the Commonwealth’s external affairs power, given when they are giving effect to international obligations under instruments. The following laws can apply to all Australian employers and workers, although each State and Territory has their own discrimination laws.
Age Discrimination Act 2004
Disability Discrimination Act 1992
Includes genetic predisposition to a disability, intellectual or physical disability
Racial Discrimination Act 1975
Color, race, and national or ethnic origin
Sex Discrimination Act
Gender, pregnancy, breastfeeding, marital status, and family responsibilitiesz
Grounds of Discrimination under State and Territory Laws
Know which characteristics of discrimination are prohibited in every State and Territory.
| Characteristic | NSW | Vic | Qld | SA | WA | TAS | ACT | NT |
| Parental Status | ∕ | ∕ | ∕ | ∕ | ∕ | ∕ | ||
| Carer/family responsibilities | ∕ | ∕ | ∕ | ∕ | ∕ | ∕ | ∕ | |
| Breastfeeding | ∕ | ∕ | ∕ | ∕ | ∕ | ∕ | ∕ | |
| Physical features | ∕ | ∕ | ||||||
| Political belief or activity | ∕ | ∕ | ∕ | ∕ | ∕ | ∕ | ||
| Religious belief or activity | ∕ | ∕ | ∕ | ∕ | ∕ | ∕ | ∕ | |
| Industrial / Union Activity | ∕ | ∕ | ∕ | ∕ | ∕ | |||
| Employment Activity (Requesting information) | ∕ | |||||||
| Criminal Record | ∕ | ∕ | ∕ | ∕ | ||||
| Medical Record | ∕ | ∕ |
To ensure equal opportunities for everyone, the Australian anti-discrimination laws protect all workers against unfair treatment in the workplace.
These protections are governed by federal laws and are supplemented by state and territory-specific regulations.
How do I determine if I have been discriminated?
Discrimination in other laws separate the prohibitions on either direct or indirect.
A direct discrimination involves treating someone less favourable because of some characteristics or status they have or are believed to have.
Indirect discrimination, by contrast, exists when an approach tends to be objective but nevertheless has the effect of discriminating against someone with a certain trait.
What are your options when you consider yourself being unfairly treated or discriminated?
- Let your immediate superior or manager regarding the situation so they can address the behaviour.
- Report your employer to the workplace health and safety regulator if it affects your mental health.
- Report your employer to the relevant industry body when you have been treated unfairly with regards to a breach of law or ethics of your industry.
- Make a complaint to the Australian Human Rights Commission in writing if discriminated.
Issue an unfair dismissal claim (If your work has been unfairly terminated); OR apply for an Order to Stop Bullying (if you are being bullied at work).
