Under the Fair Work Act 2009 an employer must not take adverse action against an employee, or a prospective employee, because of the person’s:
- race;
- colour;
- sex;
- sexual preference;
- age;
- physical or mental disability;
- marital status;
- family or carer’s responsibilities;
- pregnancy;
- religion;
- opinion;
- national extraction; or
- social origin.
This means that employees are protected from the above workplace discrimination in any aspect of employment, including recruitment, conditions, promotional opportunities and termination.
However, there are also other various anti-discrimination laws, both in the Federal and State jurisdictions, which employers must comply with, being:
State Legislation
- Equal Opportunity Act 1984.
- Racial Vilification Act 1996.
Federal Legislation
- Human Rights and Equal Opportunity Commission Act 1986.
- Sex Discrimination Act 1984.
- Racial Discrimination Act 1975.
- Equal Opportunity for Women in the Workplace Act 1999.
- Disability Discrimination Act 1992.
The Fair Work Ombudsman is strengthening its presence to ensure businesses are complying with all anti-discrimination legislation and will have a stronger stance on businesses that do breach their obligations.
The Fair Work Ombudsman has also indicated that when they conduct their industry auditing campaigns they will also be targeting businesses for breaches of any anti-discrimination, regardless of whether a claim has been made against the business or not.
For assistance, please contact the Member Advisory Service on 08 8300 0101.
