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Discrimination - Workplace

Discrimination is treating, or proposing to treat, someone unfavourably because of a personal

characteristic protected by law.

TheEqual Opportunity Act 2010sets out 18 personal characteristicsthat make discrimination inemployment against the law. Federal anti-discrimination lawsalso apply to ictorian employers.

!mployees are protected from discrimination at all stages of employment, including"

recruitment,including how positions are advertised and how interviews are conducted

being offered unfair terms and conditionsof employment

being denied training opportunities, promotion, transfers, performance pay or other

employment-related benefits

being unfairly dismissed, retrenched or demoted.

Direct and indirect discrimination

Direct discrimination is when a person treats, or proposes to treat, someone unfavourably

because of a personal characteristic protected by law. Direct discrimination often happens

because people make unfair assumptions about what people with certain personal characteristicscan and cannot do.

For e#ample, refusing to employ someone on the basis of their age because you think they are

too old to learn new skills.

$ndirect discrimination occurs when an unreasonable condition is imposed that disadvantages aperson with a personal characteristic protect by law. $ndirect discrimination happens when a

workplace policy, practice or behaviour seems to treat all workers the same way, but it actually

unfairly disadvantages someone because of a personal characteristic protected by law.

For e#ample, a re%uirement for employees to work 1&-hour shifts may appear to treat everyonee%ually. 'owever, it may disadvantage employees with family or caring responsibilities. $f the

re%uirement is not reasonable, this is indirect discrimination.

Sexual harassment

(e#ual harassmentis unwelcome conduct of a se#ual nature. $t involves behaviour that couldreasonably be e#pected to make a person feel offended, humiliated or intimidated. (e#ual

harassment can be physical, verbal or written.

Authorising and assisting

http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/a12f6f60fbd56800ca256de500201e54/5c0e606e76b324c7ca25796d0014de79!OpenDocumenthttp://www.humanrightscommission.vic.gov.au/index.php/types-of-discriminationhttp://www.humanrightscommission.vic.gov.au/index.php/the-law/federal-lawhttp://www.humanrightscommission.vic.gov.au/index.php/employer-responsibilities/recruitmenthttp://www.humanrightscommission.vic.gov.au/index.php/employer-responsibilities/recruitmenthttp://www.humanrightscommission.vic.gov.au/index.php/employer-responsibilities/terms-a-conditionshttp://www.humanrightscommission.vic.gov.au/index.php/employer-responsibilities/dismissalhttp://www.humanrightscommission.vic.gov.au/index.php/sexual-harassmenthttp://www.humanrightscommission.vic.gov.au/index.php/types-of-discriminationhttp://www.humanrightscommission.vic.gov.au/index.php/the-law/federal-lawhttp://www.humanrightscommission.vic.gov.au/index.php/employer-responsibilities/recruitmenthttp://www.humanrightscommission.vic.gov.au/index.php/employer-responsibilities/terms-a-conditionshttp://www.humanrightscommission.vic.gov.au/index.php/employer-responsibilities/dismissalhttp://www.humanrightscommission.vic.gov.au/index.php/sexual-harassmenthttp://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/a12f6f60fbd56800ca256de500201e54/5c0e606e76b324c7ca25796d0014de79!OpenDocument

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$t is against the law to authorise or assist another person to discriminate against or se#ually

harass someone. This means a person must not ask, instruct or encourage anyone else to

undertake these actions.

Victimisation

ictimisationis sub)ecting, or threatening to sub)ect someone, to something detrimental because

they have asserted their rights under e%ual opportunity law, made a complaint, helped someone

else make a complaint or refused to do something because it would be discrimination, se#ualharassment or victimisation.

ictimisation is against the law.

Are there any exceptions?

TheEqual Opportunity Act 2010includes some generale#ceptions. This means that

discrimination may not be against the law in particular circumstances.

Complaints

!mployers may be vicariously liable for their employees* acts of discrimination or se#ual

harassment. !mployers can also be directly liable. !mployers also have apositive dutyto

eliminate discrimination, se#ual harassment and victimisation as far as possible.

+omplaints of discrimination made to the +ommissionare resolved through a process calledconciliation.

http://www.humanrightscommission.vic.gov.au/index.php/victimisationhttp://www.humanrightscommission.vic.gov.au/index.php/exceptions-exemptions-and-special-measureshttp://www.humanrightscommission.vic.gov.au/index.php/exceptions-exemptions-and-special-measureshttp://www.humanrightscommission.vic.gov.au/index.php/employer-responsibilities/positive-dutyhttp://www.humanrightscommission.vic.gov.au/index.php/employer-responsibilities/positive-dutyhttp://www.humanrightscommission.vic.gov.au/index.php/about-ushttp://www.humanrightscommission.vic.gov.au/index.php/about-ushttp://www.humanrightscommission.vic.gov.au/index.php/victimisationhttp://www.humanrightscommission.vic.gov.au/index.php/exceptions-exemptions-and-special-measureshttp://www.humanrightscommission.vic.gov.au/index.php/employer-responsibilities/positive-dutyhttp://www.humanrightscommission.vic.gov.au/index.php/about-us