What is workplace discrimination?
Workplace discrimination occurs when an employer treats an employee unfavourably because of their age, gender identity, disability, industrial activity, lawful sexual activity, marital status, parental status, carer status, physical features, political belief or activity, pregnancy, race, religious belief or activity, sex or sexual orientation. The unfavourable treatment can take a number of different forms, including lesser pay, disciplinary action, negative comments in the workplace, denying access to a promotion or training and even dismissal.
Workplace discrimination can also occur when an employer refuses to make reasonable adjustments to accommodate an employee’s disability or parental responsibilities. This can include a refusal to provide flexible working arrangements that would allow the employee to perform the inherent requirements of their position, including from home.
What can I do about workplace discrimination?
There are many different ways to make a claim for workplace discrimination in Australia. An employee often has the option making a claim under Victorian anti-discrimination legislation to the Victorian Equal Opportunity and Human Rights Commission or, alternatively, under Commonwealth legislation to the Australian Human Rights Commission. You may also be able to make a general protections application to the Fair Work Commission.
The lawyers at Jewell Hancock Employment Lawyers have successfully made hundreds of workplace discrimination claims over the years. Given the competing jurisdictions, it is always best to obtain sound legal advice before making a discrimination claim. Unfortunately it is not always possible to discontinue a claim made in the wrong jurisdiction and file a new claim in the correct one.
Contact us today to arrange a no-obligation confidential discussion with one of our experienced lawyers.
