직장 내 차별과 당신의 권리: 호주 가이드

§1Workplace Discrimination and Your Rights

Workplace discrimination is a serious issue that affects many Australians. Whether you've been treated unfairly because of your age, gender, race, disability, or another protected attribute, you have legal rights and avenues for recourse.

§2What Is Workplace Discrimination?

Workplace discrimination occurs when an employee or job applicant is treated less favourably than others because of a personal characteristic that is protected by law. This can happen during recruitment, on the job, during performance reviews, or at the point of termination.

Common forms include:

• Direct discrimination – being treated worse than someone else in a similar situation because of a protected attribute
• Indirect discrimination – a workplace policy or practice that seems neutral but disadvantages people with a certain characteristic
• Harassment – unwanted conduct related to a protected attribute that creates a hostile work environment
• Victimisation – being treated poorly after making a complaint or assisting someone else with a complaint

§3Protected Attributes Under Australian Law

Australian law protects workers from discrimination based on a range of attributes, including:

• Race, colour, ethnicity, and national origin
• Sex and gender identity
• Age
• Disability (physical, intellectual, psychiatric, or sensory)
• Pregnancy and breastfeeding
• Sexual orientation
• Religion
• Marital or relationship status
• Family responsibilities

Protections exist at both the federal level and within each state and territory, so the specific rules can vary depending on where you work.

§4Key Laws That Apply

Several pieces of legislation address workplace discrimination in Australia:

• Fair Work Act 2009 (Cth) – prohibits adverse action against employees for exercising workplace rights or because of protected attributes
• Age Discrimination Act 2004 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Racial Discrimination Act 1975 (Cth)
• Sex Discrimination Act 1984 (Cth)

Each state and territory also has its own anti-discrimination legislation, such as the Equal Opportunity Act in Victoria and South Australia, or the Anti-Discrimination Act in New South Wales, Queensland, and other jurisdictions.

§5What Can You Do If You Experience Discrimination?

§6Time Limits Are Important

Strict time limits apply. For example, complaints to the AHRC generally must be lodged within two years of the discriminatory act, while unfair dismissal applications to the Fair Work Commission must be made within 21 days of dismissal. Do not delay in seeking advice.

§7Employer Obligations

Employers have a positive duty to take reasonable steps to prevent discrimination and harassment in the workplace. This includes implementing clear policies, training staff, and responding promptly to complaints. Failure to do so can result in significant liability.

Disclaimer: This article provides general legal information only and is not legal advice. Laws vary between Australian states and territories. You should consult a qualified solicitor for advice specific to your circumstances.

ROY offers free AI-powered matter analysis — get an instant preliminary assessment of your workplace discrimination matter today.