Workplace discrimination occurs when an employee or group of employees are treated differently, uWorkplace discrimination occurs when employees are treated unfavourably or unfairly due to certain protected personal attributes. These attributes differ slightly across States and Territories but are defined under Federal Discrimination legislation.
Protected Attributes Under Discrimination Law
Employees cannot be discriminated against based on:
- Race, colour, national or ethnic origin, or immigrant status
- Religion
- Political stance or opinion
- Age
- Sexual orientation
- Marital or intersex status
- Gender identity
- Disability
- Pregnancy or breastfeeding
- Family or care responsibilities
Where Workplace Discrimination Often Occurs
Discrimination can arise in several workplace processes, including:
- Recruitment and new hire selection
- Position descriptions and employment agreements
- Access to training or professional development opportunities
- Decisions around transfer, promotion, redundancy, or dismissal
Types of Workplace Discrimination
- Direct discrimination – An employee is disadvantaged due to a protected attribute (e.g., age, religion, disability).
- Indirect discrimination – A workplace condition or practice indirectly disadvantages employees (e.g., lack of disability access).
- Victimisation – Unfair treatment of an employee who reports discriminatory behaviour (e.g., assigning less favourable tasks after a complaint).
Learn more in our Employee Performance and Misconduct Guide.
Adverse Action in the Workplace
Adverse action refers to unlawful and discriminatory behaviour by an employer in response to an employee exercising a workplace right. This includes any action that harms or negatively affects the employee, particularly if used as punishment or retaliation.
When Is It Not Unlawful Discrimination?
Under the Fair Work Act, discrimination is only unlawful if it relates to a protected attribute. If an employer’s response is based on reasonable performance or behavioural concerns, it is not considered unlawful discrimination. Fair Work Ombudsman – Discrimination Protections (fairwork.gov.au in Bing)
Penalties for Workplace Discrimination
Employers must ensure fair treatment in line with the Fair Work Act 2009 and anti-discrimination laws. Penalties for unlawful discrimination or adverse action include:
- Up to $66,600 per corporate violation
- Up to $13,320 per individual violation
- Possible injunctions, reinstatement of employees, and/or compensation orders
How Assurance HR Can Help
Assurance HR assists businesses in creating discrimination-free workplaces by:
- Reviewing and updating workplace policies
- Providing staff training and awareness programs
- Supplying signage and compliance tools
- Ensuring employer obligations are met under current legislation
📞 Contact us today on 1800 577 515 for guidance on maintaining compliance and preventing workplace discrimination.
