What is Unlawful Discrimination, Harrassment and Racial Villification?

Discrimination is only unlawful if it is done in a prohibited context and for a prohibited reason.

Prohibited context

The law only prohibits discrimination in relation to some interactions and relationship types.  most common prohibited context is in employment.  However (noting that the contexts change by reference to the type of discrimination) discrimination in education, and in the provision of some services can also be prohibited.

Prohibited reasons

Common 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.  In addition, in the context of work, discrimination for industrial (such as membership of a union) is prohibited.

It is, however, important to recognise that discrimination is only unlawful if it is for a prohibited reason.

This means that discriminating against an employee for an non-prohibited reason (such as for example, simply because of a personality conflict) may involve bad employment practices, and may be unlawful for other reasons, but will not usually amount to unlawful discrimination.

Sexual Harassment is conduct of a sexual nature that is unwelcome.  While some forms of Sexual Harassment also constitute criminal assault or battery, sexual harassment is only unlawful if it occurs in specified contexts.

Racial Vilification (in general terms, hate speech related to race) is prohibited by various laws in different States.  While the definition varies between laws, Racial Vilification is generally public conduct that may insult, offend or humiliate another on the basis of their race.

If you have experienced discrimination that you believe may be unlawful, Segelov Taylor Lawyers can assist to clarify your legal rights and seek a remedy.  Our website below provides specific information in relation to different classes of discrimination.

Free case assessment

We offer a free, confidential case assessment.  The purpose of the case assessment is to provide a high level overview of the merits, prospects, and value of the claim.

We do not charge for the case assessment, and there is no obligation to proceed with us.  Please complete the form below for more information.

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