Discrimination

Discrimination occurs when a person is treated less favourably than others as a result of one of the following:

A person may suffer either direct or indirect discrimination. Direct discrimination occurs when a person is treated less favourably than others on the basis of one or more of the listed attributes. Under the Federal Racial Discrimination Act, direct discrimination will occur where there is a distinction, exclusion, restriction or preference based on race. Indirect discrimination deals more with the policies and procedures that may have a discriminatory effect.

 

Discrimination can occur in the workplace, when applying for positions or in the day-to-day treatment of an individual.

Where discrimination causes a person to leave their employment, remedies for unlawful dismissal may be available. For more information on unlawful dismissal, click here.

 

For all other complaints of discrimination, a complaint may be made to the Anti-Discrimination Commission of Queensland or the Human Rights and Equal Opportunity Commission. The complaint must usually be made within 12 months of the discriminatory act or treatment. 

 

If you consider you may have been the victim of discrimination please contact our Employment and Industrial Law team for a confidential discussion.

Discriminatory policies and procedures may be in place without businesses realising the effects of such policies and procedures. Employers are not only responsible for ensuring their policies do not discriminate against employees or potential employees, they are also responsible for the actions of their employees within the workplace.

 

Our Employment and Industrial Team can visit your workplace to review your business’ policies and procedures to ensure compliance with State and Federal laws. We can also provide advice on dealing with discrimination claims by employees or other persons who may be affected by the actions of your company or its representatives.