Discrimination
Every State and Territory in Australia has laws to protect people from being discriminated against at work regardless of whether they work full-time, part-time, casually or are contractors. There are two types of discrimination – direct and indirect.
Indirect discrimination is when a rule (policy, procedure or practice) that appears neutral, but has a negative effect on a particular group of people compared to people that are not in that group. The rule is also unreasonable and the discriminated person is unable to or does not comply with the rule.
It doesn’t matter whether the discrimination was intentional or not. What matters is whether the person was discriminated against.
A range of categories are protected from discrimination and they may vary a bit across different states. Here is a list of the categories found in Australia:
- Sex/gender
- Race
- Impairment/disability
- Age
- Pregnancy/potential pregnancy
- Breastfeeding
- Marital status
- Family status
- Family/carer responsibility
- Political belief/conviction
- Religious belief/conviction
- Gender History/transgender/transsexual
- Sexual Orientation/preference
- Lawful sexual activity (only in Qld, Tas, Vic)
- Spent Conviction or irrelevant criminal record
- Industrial or trade union activity (in some states)
- Irrelevant medical record (only in NT and Tas)
- Physical features (only in Vic)
If a person thinks they are a victim of discrimination, they can check if their organisation has a policy about discrimination and if it contains a definition similar to the one mentioned above. If it does, they can use this policy to have a conversation with their manager/HR or a person in authority. Explain what has happened and why they think this is discrimination. It is useful to work out what they want the manager/HR to do about it the issue and to ask for it to be done.
They could ask the manager/HR to chat to the other person to clarify their point of view and explore the possibility of a combined discussion. Sometimes people may not be aware that they are doing something unlawful so giving them a chance to understand/explain their point of view is important. They could also ask the organisation to provide education to staff about discrimination, put posters up, or send out emails reminding people of what is appropriate/inappropriate behaviour.
If the behaviour is very serious (because it has been going on for a while, or is being done by someone in authority, or the incident is serious), then they might want to ask the organisation to investigate it formally. They should check if the organisation has a grievance management document. If so, it should explain when a matter will be investigated formally and what will be done. A formal investigation usually has to be in writing and should explain what has happened by who, when and where. It is important to stick to the facts and avoid emotional language when making a formal complaint.
Once the complaint is formal, the organisation should investigate it. They will interview the complainant (person making the complaint) and any relevant people to support their story. They will also interview the respondent (person responding to the complaint) and any relevant people. The organisation will then use all the facts to make a decision, usually by the CEO or equivalent.
If someone does not want to make a complaint internally or if their complaint has not been managed to their satisfaction, they can contact the Equal Opportunity Commission in their State. Each Commission offers a free conciliation service for victims of discrimination. Most matters are sorted out at this stage.
EEO Specialists do not represent individuals making complaints, but we hope this information is useful to address such issues.
We do provide comprehensive training for organisations, to educate staff about sexual harassment, bullying and discrimination. We also train managers on how to identify and manage complaints. If you would like more details, Please call Alysha Hooper on 0433 376 541 or email info@equalopportunitytraining.com.au
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