Discrimination is when someone is treated in a negative way because of a person’s physical features or personal attributes. Under the Fair Work Act 2009, these features and attributes can include:

• Age;
• Breastfeeding;
• Colour;
• Ethnicity;
• Experiencing family and domestic violence;
• Family or carer’s responsibilities;
• Gender/ Gender Identity;
• Intersex status;
• Marital status;
• National extraction;
• Physical or mental disability;
• Political opinion;
• Pregnancy;
• Race;
• Religious belief;
• Sexual orientation; and
• Social Origin.

If you are an employer it is unlawful for you to allow discrimination to occur within your workplace. However, in certain circumstances exceptions may apply meaning an action may not be discriminatory even if it might seem to be.

For example, an action may not be discriminatory if it is:

• allowed under state, territory or federal anti-discrimination laws;
• taken against an employee of a religious institution to avoid harming the institution’s religious beliefs;
• not related to one or more of the attributes described above; or
• related to the necessary requirements of the job.

Discrimination is a complex area of employment law. If you think you have been subject to discrimination, or you think you may be liable to workplace discrimination please get in touch with us – your first phone call will always be free.