What is discrimination?
Under the Fair Work Act 2009, discrimination is disadvantaging someone in the workplace because of their:
- 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 actions include:
- firing an employee
- not giving an employee legal entitlements such as pay or leave
- changing an employee’s job to their disadvantage
- treating an employee differently than others
- not hiring someone
- offering a potential employee different (and unfair) terms and conditions for the job, compared to other employees.
Examples
- being rejected from a job during the hiring process
- being offered a lower wage or less leave than other employees in the same role with the same experience
- being verbally or physically abused by an employer or co-worker
- being isolated or left out by co-workers or managers
- being paid less than others doing the same job and who have the same experience
- being given more unpleasant or difficult duties than others in the same role
- not being given proper equipment or facilities
- having limited or no opportunities for promotion, transfer or training.
When can discrimination occur?
Discrimination can happen:
- to someone applying for a job
- to a new employee who hasn’t started work
- at any time during employment.