Which laws apply to my workplace?

Based on the information you provided the following laws apply to your workplace:

• Fair Work Act 2009
• Australian Human Rights Commission Act 1986
• Age Discrimination Act 2004
• Disability Discrimination Act 1992
• Racial Discrimination Act 1975
• Sex Discrimination Act 1984
• Discrimination Act 1991 (ACT).

Check your state specific anti-discrimination laws with your relevant state or territory anti-discrimination body.

Protected characteristics can vary depending on the legislation that applies in each state, but may include:

• race
• colour
• sex or gender identity
• intersex status
• sexual orientation
• age
• physical or mental disability
• marital status
• family or carer’s responsibilities
• pregnancy or breastfeeding
• religion
• political opinion
• national extraction or social origin
• experiencing (or having experienced) family and domestic violence.

This course refers to the above list as the employee’s ‘protected characteristics’.

It’s against the law to discriminate against someone because of a protected characteristic.

Discrimination may include, for example:

• dismissing an employee
• not giving an employee lawful entitlements such as pay or leave
• changing an employee’s job or duties to their disadvantage
• treating an employee differently to others
• not hiring someone
• offering an employee lesser terms and conditions compared to other employees.

The laws that apply to your workplace also protect employees from sexual harassment, racial hatred and other forms of harassment and vilification.

Please note it is also unlawful to discriminate in the provision of goods, services and facilities and other areas of public life, such as education and access to premises.

Not all discrimination is against the law. It’s okay to discriminate if the action is taken because of the inherent requirements of the job, or there is a legal exemption. For example, a young person may not be able to meet the inherent requirements of a courier driving job if they aren’t old enough to get the required driver’s licence.