Last updated on August 9, 2020
One of the common issues that people face around the world today is workplace discrimination. It is a serious offense and in Australia, many people face discrimination in the workplace. In 2017-2018, the Australian Human Rights Commission received 2046 complaints lodged under different areas of the discrimination act.
What is workplace discrimination?
When an employee is treated less favorably than others in the workplace based on some personal characteristics but not because of their ability to do a job, it is known as workplace discrimination. The personal characteristics may be race, age, religion, nationality, disability, sexuality, parental status, marital status, or gender.
The many forms of discrimination
- Underpaying an employee having the same designation compared to others
- Demotion or suspension
- Discrimination regarding promotion, transfer and training opportunities
- Poor work environments
- Denying the use of company facilities
- Discrimination regarding disability leave, retirement benefits and maternity leave
- Sexual harassment
Types of workplace discrimination
- Direct discrimination: When a person is treated unfavorably by someone else because of a personal characteristic protected by law, it falls in the category of direct discrimination. In case of direct discrimination, people unfairly assume what someone with a particular characteristic can or cannot perform. For instance, not recruiting someone on the basis of age because the employer may think he or she is not capable of learning new skills anymore.
- Indirect discrimination: In the case of indirect discrimination, the employee is compelled to work in an unfavorable condition on the basis of personal characteristics protected by law. It happens when certain company policy treats everyone in a similar fashion but it is not advantageous for someone due to a personal characteristic protected by law.
- Sexual harassment: Another type of unlawful behavior that falls under the category of anti-discrimination laws is sexual harassment. It is described as an unwelcome sexual advance, unwelcome request for sexual favors or any other unwelcome sexual conduct which is offensive and humiliates a person.
If you face discrimination at work?
It is not legal to treat an employee in a different way depending on specific attributes which are not related to their performance. So, when you feel that you have been discriminated at your workplace, there are a number of things you can do.
The first step would be to update yourself about your rights which you can get from government authorities, trade unions and law firms. After you have gathered information regarding your rights, you need to decide whether you would take the assistance of an employment dispute lawyer or would represent yourself using internal policies. You can avail other options or practical remedies.
You can file a petition for compensation through the best employment lawyers Perth due to the financial loss and mental stress you have suffered. Before you consider taking legal action, you should find out whether or not you fall within the category that is listed in anti-discrimination laws.
The law is applicable to certain categories like race, religion, sex, age, disability, etc. or situations like sexual harassment. So you should first check whether there is a relation between the injustice you have suffered and the categories mentioned in the anti-discrimination laws.
Workplace discrimination laws in Australia
It is not legal to treat an employee in a different way depending on specific attributes which are not related to their performance. It is important to remember because racism can manifest itself in a variety of ways, so it is essential to know how to spot it and the legal steps you can take to help end racism today. So, when you feel that you have been discriminated at your workplace, there are a number of things you can do.
- Age Discrimination Act 2004
- Australian Human Rights Commission Act 1986
- Disability Discrimination Act 1992
- Racial Discrimination Act 1975
- Sex Discrimination Act 1984
Apart from these, every state and territory in Australia has the Equal Opportunity Act.
How employment lawyers can help?
The experienced employment dispute lawyers help you by representing your case in the best possible way in the court for people who are treated unfairly at work for belonging to a protected class. If your employment has been terminated in an unfair way or if you have been forced to work under extreme conditions or not paid appropriately, workplace harassment lawyer will help you to exercise your rights.
How to file a petition against workplace discrimination in Australia?
- Consult your employer: At first, you should consult your employer or the HR department of the organization you are working for. If they fail to provide any solution or fail to address the issue or they do not show any concern, it is time to file a lawsuit against the company.
- File administrative charge with EEOC: According to the federal law, you are supposed to file an administrative charge with EEOC (Equal Employment Opportunity Commission) before you sue your employer. Since EEOC is the federal administrative agency responsible for enforcing laws against harassment at the workplace, all claims must be brought to the notice of the EEOC before you are allowed to file a petition.
Furthermore, the petition will be invalid, if it is filed before filing an administrative charge with EEOC. This aspect is known as exhausting administrative remedies. Claim with the EEOC must be filed within 180 days of the discriminatory act. However, you will get 300 to file the litigation, if the claim is also covered by state anti-discrimination law.
- Investigation of the workplace by EEOC: After the complaint is received by the EEOC, an investigation of your workplace is conducted. For conducting the investigation, they require contact numbers of both the employer and employee and the date and description of the incident and gather all the documents to come to a conclusion.
- Issue of “right to sue letter”: Once the investigation is over and the employer is found guilty of discrimination, the EEOC will work towards a settlement with both parties. If this fails, the EEOC will either take legal action against the employer or issue a “right to sue letter” to the company.
You always have the right to a workplace that is free from discrimination and protects your reputation. So it’s time to take legal action with help from employment dispute lawyers if you are being treated unfairly.
