Discrimination in the Workplace

When it’s allowed, and when it’s not.

Workplace discrimination is discrimination in the hiring, terms and conditions of employment, promotion or dismissal of employees. It is unlawful for an employer to discriminate against an employee because of, among other things, the employee’s race, sex disability, sexuality or age.

However, workplace discrimination is allowed in some situations – if it relates to a necessary requirement of a job (such as if you are applying for a pizza delivery job, they can discriminate against your application if you are too young to have a driver’s licence), or if an employer is assisting someone with specific needs, such as giving an employee additional breaks to take medication.  An employer can also hold an exemption, which allows them to discriminate under certain conditions.

You should try to address issues of discrimination at work by speaking to your supervisor or human resources manager.  There may be processes already in place in the workplace to deal with issues of discrimination, such as an anti-discrimination policy or a complaints procedure.

If you feel that there is no alternative avenue then advice should be sought from Fair Work or the Anti-Discrimination Commission in your region (check below).

If unlawful discrimination occurs, (check if it is unlawful) and as a result of that discrimination the employer has caused the employee to suffer some form of disadvantage such as not being promoted or being paid less than someone else for the same job, the employee may be able to make a General Protections claim with the Fair Work Ombudsman.

It is best to seek advice before lodging a complaint.

Differences between states

Northern Territory

If you feel you are being discriminated against or you require further advice and assistance, contact the Office of the Anti-Discrimination Commissioner. Claims of discrimination can be lodged with the Anti-Discrimination Commission within 12 months of discrimination occurring.

You can also seek information and assistance from the Australian Human Rights Commission, who also provide a useful online resource on workplace rights at In the Northern Territory, discrimination is addressed in both Territory and federal legislation. These laws differ slightly in setting out the grounds for discrimination, and it is important to seek legal advice as to which best applies to your situation. The timeline for pursuing complaints under NT legislation is 6 months, and under federal legislation you have 12 months.

For further advice you can contact the Central Australian Women’s Legal Service on 08 8952 4055 or the NT Working Women’s Centre on 08 8981 0655 in Darwin, or in Alice Springs on 08 8952 5255.

ACT

A Discrimination Complaint can be lodged with the Human Rights Commission within 2 years of discrimination occurring.

Prior to lodging a complaint, it is best to seek legal advice.  Contact the Women’s Legal Centre.

Western Australia

If you feel that there is no alternative avenue then you may wish to get some advice from the Fair Work Ombudsman or the Equal Opportunity Commission.

Claims of discrimination can be lodged with the Equal Opportunity Commission within 12 months of discrimination occurring. This time limit may be extended in some circumstances.

Before lodging complaints it is best to get advice. You can get legal advice by calling the Employment Law Centre on 1300 130 956 or 9227 0111.

NSW

You can contact the Anti-Discrimination Board NSW or the Australian Human Rights Commission for application forms to make a complaint about discrimination or for further information.  The claim should be made within 12 months of the discrimination occurring.

Victoria

For further information or if you feel like you are being discriminated, contact the Victorian Equal Opportunity & Human Rights Commission or the Human Rights Commission.   If a complaint is made after 12 months of the discrimination occurring you may need to explain the delay in your complaint.

South Australia

If you feel you are being discriminated against or you require further advice and assistance, contact the Equal Opportunity Commission.

Tasmania

If you feel you are being discriminated against or you require further advice and assistance, contact the Office of the Anti-Discrimination Commissioner.  Claims of discrimination can be lodged with the Anti-Discrimination Commission within 12 months of discrimination occurring.

Queensland

For further information, application forms or to make a complaint about discrimination, contact the Anti-Discrimination Commission Queensland or the Australian Human Rights Commission. The claim must be made within 12 months of the discrimination occurring.