Discrimination

Discrimination

Anti-Discrimination laws have been introduced to promote equal opportunity by prohibiting discrimination based on certain characteristics. These apply to the terms on which employment is offered, hiring, firing and anything in the course of the employment, access to promotion or training and provision of benefits. Legislation may also apply to independent contractors and volunteers.

Group of Discrimination

A person can be discriminated on one or more of the following grounds in the course of their employment:

  • Sex
  • Pregnancy or potential pregnancy
  • Breastfeeding
  • Marital status
  • Family or carers responsibilities
  • Parental status
  • Disability
  • Race
  • Age
  • Sexuality
  • Religious or political beliefs
  • Lawful trade union activity
  • Irrelevant criminal record

Inherent Job Requirement

If a person is discriminated based on age or disability, an employer may have a reasonable excuse for discriminating an employee based on these grounds, if this ground went to the inherent requirement of the job. An inherent requirement is an essential pre-requisite the employee must be able to satisfy in order to work in a particular job or carry out a particular role.

Victimisation

An employer cannot treat an employee differently for complaining about a discriminatory ground or behaviour that they have endured themselves or are supporting someone who has complained about such behaviour.

If you have experienced any issues regarding victimisation or discrimination in the workplace please call Pannu Lawyers on (02) 9920 1787 to find out what we can do for you.

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