contact your state or territory anti-discrimination body, which can consider and investigate breaches of state or territory anti-discrimination laws in workplaces.getting help from us if you can't resolve it.talking to your employer about fixing the problem.see our Fixing a workplace problem section for practical advice on:.consider whether the actions taken were unlawful discrimination.unfair dismissal (not available if you lost your job because of a genuine Redundancy).Check the information at the FWC website to find out if you can apply for: You have 21 days starting from the day after you were dismissed to lodge an application with the FWC. a reason that is harsh, unjust or unreasonable.If you've lost your job, contact the Fair Work Commission (FWC) first if you think you were sacked because of: Need help resolving discrimination issues? For employees: relate to the necessary requirements of the job.do not relate to one or more of the protected attributes (visit our Bullying in the workplace page for more information), or.are taken against an employee of a religious institution to avoid harming the organisation's religious beliefs.are allowed under state, territory or federal anti-discrimination laws.There can be lawful reasons for adverse action that have nothing to do with someone's personal characteristics. Action that isn't discriminationĪdverse action isn't always discrimination, even though it might seem to be. Sally is treated differently from her colleagues because she is pregnant. At the meeting, he tells her that he has changed his mind and that she can’t attend the training because she is pregnant.
The manager asks Sally to come to a meeting to discuss the training. Sally is pregnant and tells her colleagues and the manager the good news. The manager at the firm tells all the account managers that they can attend a training course. Sally is employed as an account manager at an advertising firm.
someone applying for a job as an employee.offering a potential employee different and unfair terms and conditions for the job compared to other employees.treating an employee differently than others (for example, treating someone differently based on their sex or gender identity).changing an employee's job to their disadvantage.injuring the employee in their employment (for example, not giving an employee their legal entitlements, such as pay or leave).The protected attributes under the Fair Work Act are:Īdverse action includes doing, threatening or organising any of the following:
EQUAL EMPLOYMENT OPPORTUNITY ACT WORKPLACE APPLICATION FREE
Need help resolving discrimination issues?Įmployees and prospective employees have the right to be free from discrimination based on protected attributes.The Fair Work Act prohibits an employer from taking adverse action against an employee or a prospective employee for discriminatory reasons. Aboriginal and Torres Strait Islander peoples.
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