Discrimination, Bullying and Harassment

Bullying

Bullying at work is repeated unreasonable behaviour towards you that creates a risk to your health or safety. The Fair Work Commission, and for WA state-system workers the WAIRC, can order it to stop. Here is how the law works and what else you can do.

Sexual Harassment Lawyers

Sexual harassment is unwelcome conduct of a sexual nature that a reasonable person would have anticipated might offend, humiliate or intimidate you. In Western Australia you can take it to the Fair Work Commission, the Australian Human Rights Commission, the WA Equal Opportunity Commission or, for state-system workers, the WAIRC. Compensation is available, and the employer is usually liable too.

Disability Discrimination

The term ‘disability’ is quite broad and includes any condition caused by an accident, trauma, disease or genetic predisposition that restricts the mental, sensory or mobility functioning of a person. Disability can be a permanent or temporary medical condition, partial or total, chronic or acquired, visible or invisible.

Pregnancy & Family Or Carer’s Responsibilities

The law protects you from being treated less favourably at work because you are pregnant, might become pregnant, are breastfeeding, have taken or asked for parental leave, or have responsibilities to care for a child or family member. It also gives you minimum leave and return-to-work rights.

Age Discrimination

Discrimination based on age, whether young or old, is unlawful. Age discrimination can often be subtle. Many people over 50 have been treated less favourably because of their age, which is illegal. MKI Legal has experience assisting employees to lodge age discrimination claims and obtain financial compensation.

Gender Discrimination

Discriminating based on any gender, including transgender identity, is illegal. The law protects victims of sex discrimination and gives them a right to lodge a claim if they experience either direct or indirect discrimination at work.

Racial Discrimination

It is unlawful to treat you less favourably at work because of your race, colour, descent, or national or ethnic origin, or to racially abuse or harass you. The Fair Work Act, the Racial Discrimination Act and the WA Equal Opportunity Act all protect you.

Sexual Orientation Discrimination

It's unlawful to discriminate against, treat unfavourably or treat differently any employee or prospective employee based on their sexual orientation, gender identity, and intersex status.

Religious Discrimination

Discrimination based on an employee or prospective employee’s religion, religious affiliation, religious beliefs, religious convictions or religious activities including religious dress is unlawful.

Other Types Of Discrimination

Beyond sex, race, age, disability and religion, the law also protects you from discrimination because of your political opinion, marital status, breastfeeding, being subject to family and domestic violence, union membership or activity, and some less familiar grounds. Some of these protections are narrower than they sound.

Where To Make A Discrimination Complaint

If you have been discriminated against at work in Western Australia, there are usually three places you can go: the Fair Work Commission, the Australian Human Rights Commission, or the WA Equal Opportunity Commission. Each has its own time limit and remedies, and choosing one usually closes the others.

The Positive Duty To Prevent Sexual Harassment

Employers must now take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination and hostile workplaces as far as possible, rather than waiting for a complaint. Here is what the duty requires, who enforces it, and what it means for you.