If you have experienced discrimination in employment, Segelov Taylor Lawyers can assist to clarify your legal rights and seek a remedy.
The law prohibits unlawful discrimination against employees and agents.
A number of specific laws, many with different features, processes and remedies, operate. These laws include:
- Commonwealth anti-discrimination laws;
- the Commonwealth Fair Work Act; and
- under state anti-discrimination laws, such as the Anti Discrimination Act in New South Wales, or the Equal Opportunity Act in Victoria.
Discrimination is only unlawful if it is done for a prohibited reason. Common classes of prohibited reasons are sex, race, age and disability. Some anti-discrimination laws, for example, the NSW Anti-Discrimination Act contain a wider span of what is prohibited. It is, however, important to recognise that discrimination is only unlawful if it is for a prohibited reason. Discriminating against an employee for an non-prohibited reason (such as for example, simple because of a personality conflict) may involve bad employment practices, and may on occasion be unlawful for other reasons, but will not usually amount to unlawful discrimination.
Many anti-discrimination laws recognize both “direct discrimination” and “indirect discrimination“. Direct discrimination involves treating a person less favourably because of the prohibited reason while indirect discrimination involves the imposition of a rule or requirement that has different impact on people because of a protected quality. For example, a requirement that employees be more than 6ft tall would indirectly discriminate against women, as men are disproportionately more likely to be more than 6ft tall.