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Discrimination

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 harassment page for more information) or
relate to the necessary requirements of the job.

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Protection From Discrimination At Work

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