What is Discrimination?
Discrimination is any practice that makes distinctions between individuals or groups on unlawful grounds so as to treat some less favourably than others.ExampleRefusing to employ a person because they hold certain political opinions can be unlawful discrimination.Failing to provide an older person w...
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Direct Discrimination
Direct discrimination is the outcome of unfavourable and unfair treatment based upon a person’s membership of a certain group or stereotyped beliefs about behaviours and capacities of that group.Example“You don’t get the job because you’re Aboriginal and you’ll go walkabout on me.” (Race)“You get re...
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The Grounds and Areas of Discrimination
Various pieces of State and federal legislation make discrimination unlawful on a number of grounds.
Federal Legislation
Ground
Racial Disc. Act 1975
Sex Disc. Act 1984
Disability Disc. Act 1993
Human Rights & Equal Opp. Act 1986
Workplace Relations Act 1996
Age Discr...
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When Is It Lawful to Discriminate?
There are many exceptions which allow for lawful discrimination in employment. The most important of these exceptions are defined below.Cannot perform inherent requirementsIt is lawful to discriminate against a person if they cannot perform the job’s inherent requirements. The job’s inherent require...
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Harassment in General
Harassment in GeneralSexual harassment, racial harassment and harassment on the grounds of disability are specifically defined in the equal opportunity legislation and are examined below.In general, harassment can be defined as any unwelcome conduct which offends, intimidates or embarrasses a person...
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Liability
Personal liabilityEvery manager, supervisor and employee is personally liable for any acts of discrimination or harassment directed towards other employees, suppliers, customers or clients. This liability applies regardless of whether the person was ignorant of the effect of their behaviour, or neve...
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Victimisation
Under State and federal legislation it is unlawful to victimise a person who makes, or intends to make, a complaint of discrimination or harassment within the company or to the Equal Opportunity Commission.
Complains of victimisation are dealt with in the same manner as complaints of discrimination...
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Workplace Bullying
Workplace bullying is emerging as a significant issue for some organisations. Employers have a duty of care under occupational safety and health law to ensure bullying does not occur in the workplace.
Workplace bullying has been referred to as 'the repeated less favourable treatment of...
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Equal Opportunity for Women in the Workplace
The Equal Employment Opportunity for Women in the Workplace Act 1999 requires all relevant employers with 100 or more employees to submit a report to the Equal Opportunity for Women in the Workplace Agency. It is not intended to support the promotion of women over better-qualified men but to achieve...
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Penalties
PenaltiesIf a complaint of discrimination, harassment or victimisation lodged with the Equal Opportunity Commission is found to be valid, both monetary and non-monetary penalties can be awarded. Non-monetary penalties can include a written or verbal apology, a commitment to change work practices, or...
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