Protection From Discrimination At Work

Discrimination occurs in the workplace when an employer takes adverse action against an employee or prospective employee because of a protected attribute.

What Are the Protected Attributes?

Protected attributes include:

• Race
• Colour
• Sex
• Sexual preference
• Age
• Physical or mental disability
• Marital status
• Family or carer’s responsibilities
• Pregnancy
• Religion
• Political opinion
• National extraction
• Social origin

What is Adverse Action?

Adverse action includes doing, threatening or organising any of the following:

• Firing an employee
• Injuring the employee in their employment, eg. not giving an employee legal entitlements such as pay or leave
• Changing an employee’s job to their disadvantage
• Treating an employee differently to other employees
• Not hiring someone
• Offering a potential employee different and unfair terms and conditions for the job compared to other employees.

When Can Discrimination Occur?

Discrimination can happen:

• To someone applying for a job as an employee
• To a new employee who hasn’t started work
• To an employee at any time during employment.

What Isn’t Discrimination?

Adverse action isn’t always discrimination, even though it might seem to be. There can be lawful reasons that have nothing to do with someone’s personal characteristics.

It’s not discrimination if the actions:

• Are allowed under state or federal anti-discrimination law
• Are taken against an employee of a religious institution to avoid harming the organisation’s religious beliefs
• Do not relate to one of the protected attributes (visit our bullying and harassmentpage for more information) or
• Relate to the necessary requirements of the job.

Contact Us today on 1300 127 330 to arrange a consultation with one of our experienced lawyers.