Workplace Discrimination & Harassment Claim Checklist

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How to Use This Checklist Core Checklist Often Overlooked Next Steps After Completing the Checklist FAQ What is the difference between discrimination and harassment?Can I make a claim if I resigned due to the conduct?Will my employer find out I have lodged a complaint?Do I need a lawyer to make a claim?

Key Summary

Step-by-step checklist for building a workplace discrimination harassment claim in Australia. Know what to gather and when to act.

If you believe you have experienced workplace discrimination or harassment in Australia, acting promptly and systematically is critical. This checklist is designed for employees who are considering lodging a formal workplace discrimination harassment claim — whether with their employer, a state or territory anti-discrimination body, or the Australian Human Rights Commission (AHRC).

How to Use This Checklist

Work through each item before lodging a complaint or seeking legal advice. Tick off what you have already done and flag gaps that need attention. The stronger your documentation, the more effectively a lawyer or complaints body can assess your situation.

Core Checklist

[ ] Record the incident(s): Write down dates, times, locations, and exactly what was said or done while memory is fresh.

[ ] Identify the type of discrimination or harassment: Determine whether it relates to a protected attribute (e.g. race, sex, disability, age, religion, pregnancy) under the Fair Work Act 2009, Age Discrimination Act 2004, Disability Discrimination Act 1992, Racial Discrimination Act 1975, Sex Discrimination Act 1984, or relevant state/territory law.

[ ] Preserve written evidence: Save emails, text messages, instant messages, letters, or performance reviews related to the conduct.

[ ] Note witnesses: List colleagues or others who observed the behaviour and may be willing to support your account.

[ ] Obtain witness statements: Where possible, ask witnesses to write down what they saw or heard.

[ ] Keep a conduct diary: Maintain an ongoing log if harassment is repeated, recording each new incident.

[ ] Check your employment contract and workplace policies: Review anti-discrimination, anti-harassment, and grievance policies your employer is bound by.

[ ] Report internally (if safe to do so): Lodge a formal complaint with HR or a manager not involved in the conduct. Keep a copy of any complaint submitted.

[ ] Document your employer's response: Record what action (or inaction) your employer took after you raised the issue.

[ ] Seek medical or psychological support: Obtain a medical record of any physical or psychological impact — this can be relevant evidence.

[ ] Check the limitation period: Most complaints to the AHRC must be lodged within 24 months of the conduct. State/territory bodies may have shorter timeframes (some as little as 12 months). Act quickly.

[ ] Identify the correct complaints body: Determine whether to approach the AHRC, your state/territory anti-discrimination board (e.g. Victorian Equal Opportunity and Human Rights Commission), or the Fair Work Commission.

[ ] Confirm you are a covered person: Verify you fall within the scope of the relevant legislation (employees, contractors, and job applicants may all have rights).

[ ] Gather pay or performance records: Collect documents showing any adverse employment action connected to the discrimination (e.g. demotion, pay cuts, missed promotions).

[ ] Note any retaliation: Record any adverse treatment following your complaint, as victimisation is separately prohibited under most anti-discrimination laws.

Often Overlooked

Social media evidence: Screenshots of discriminatory posts, group chats, or messages from work colleagues may be important — save these before they are deleted.

Company-wide policies and training records: These can show whether your employer met its duty of care to prevent harassment.

Informal complaints: Even verbal complaints to a supervisor count — document when and to whom you raised concerns informally.

Third-party harassment: Harassment by clients or customers may still be your employer's legal responsibility. Do not discount incidents involving non-employees.

Systemic patterns: Discrimination affecting multiple employees can strengthen your claim — note if colleagues have raised similar issues.

Next Steps After Completing the Checklist

1.Review gaps in your evidence and take steps to fill them before time limits expire.
2.Consult a qualified employment lawyer to assess the strength of your workplace discrimination harassment claim.
3.Lodge a formal internal complaint if you have not already done so and it is safe.
4.Submit a complaint to the AHRC or your state/territory body within the applicable limitation period.
5.Engage in conciliation (a facilitated negotiation process) if offered — many claims resolve at this stage.

What is the difference between discrimination and harassment?

Discrimination involves being treated less favourably because of a protected attribute. Harassment is unwanted conduct related to a protected attribute that offends, humiliates, or intimidates. Both can form the basis of a formal claim.

Can I make a claim if I resigned due to the conduct?

Yes. A resignation forced by an employer's conduct may constitute constructive dismissal, and you may still lodge an anti-discrimination complaint. Time limits still apply from the date of the relevant conduct or dismissal.

Will my employer find out I have lodged a complaint?

If you lodge with the AHRC or a state body, your employer is typically notified as part of the process. Victimisation (adverse treatment for making a complaint) is illegal under relevant anti-discrimination legislation.

Do I need a lawyer to make a claim?

You are not required to have legal representation to lodge a complaint. However, legal advice can significantly improve how you present your case and protect your interests during conciliation or tribunal proceedings.

Use ROY's free AI analysis to understand how the law applies to your specific situation.

This article provides general legal information only and does not constitute legal advice for your specific situation. Laws vary by state/territory. Consult a qualified lawyer for advice tailored to your circumstances.

Reference Cases

Related Cases & Similar Precedents

These are fact-based cases and precedents. Click 'View Source' to access official sources.

🇦🇺AustraliaReal PrecedentReference

View Source↗

High Court of Australia2014(2014) 253 CLR 169

Commonwealth Bank of Australia v Barker — implied term of trust and confidence

Issue

Whether employment contracts contain an implied term of mutual trust and confidence

The High Court unanimously held that Australian employment contracts do not contain an implied term of mutual trust and confidence.

※ Leading Australian precedent — reference only

These are fact-based cases and precedents. Click 'View Source' to access official sources.

ROY Analysis Data (Estimated)

Outcome Distribution for General Cases

Settled

42%

Upheld

31%

Partial

18%

Dismissed

* These figures are estimates based on ROY AI similar-case analysis. Results may differ for individual cases and do not constitute legal advice or a guarantee of outcome.

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