If the discrimination occurred in the context of employment, and the employer took adverse action against the worker, that worker may have a right to obtain a remedy. See our publication entitled ‘adverse action‘.
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What is Discrimination?
Discrimination may be direct, including:
- less favourable treatment;
- making assumptions about the characteristics of a person
- setting unreasonable conditions or requirements
The following are Federal discrimination laws:
- Australian Human Rights Commission Act 1986, which governs breaches of human rights by the Commonwealth and discrimination in the workplace on the basis race, colour, sex, religion, political opinion, social origin, age, medical record, criminal record, impairment, marital status, sexual preference, trade union activity and mental, intellectual or psychiatric disability.
- Racial Discrimination Act 1975 which prevents workplace discrimination on the basis of race, colour, ethnic origin or immigration (or that of a relative or associate), training, promotion, independent contractors, advertisement, access to places , provision of goods and services, and land, housing and accommodation.
- Sex Discrimination Act 1984 which prevents workplace discrimination on the basis of sex (including breast feeding), sexual harassment, marital status, potential pregnancy, pregnancy family responsibilities, training, contract workers, registered organisations, goods, services, facilities, partnerships, accommodation, land, clubs and education.
- Disability Discrimination Act 1992 which prevents discrimination at work on the basis of disability, training, contract workers, registered organisations, goods, services, facilities, partnerships, accommodation, land, clubs, sport, Commonwealth programs and education.
- Age Discrimination Act 2004 which prevents discrimination on the basis of age, qualifying bodies, registered organisations, job seeking agencies, education, access to premises, goods services and facilities, accommodation and land.
Equal Opportunity For Women
In Australia, the Equal Employment Opportunity for Women in the Workplace Act 1999 requires all higher education institutions and all private sector companies with 100 or more staff to implement equal opportunity programs for women.
You should obtain legal advice from a Perth discrimination lawyer if you believe you have been discriminated against. MKI Legal can assist in this area.