There are now stronger protections against discrimination for employees who are (or have been) experiencing family and domestic violence.
These new discrimination protections were one of the key changes under the Fair Work Legislation Amendment (Closing Loopholes) Act 2023.
From 15 December 2023, an employer cannot take adverse action against an employee or potential employee because they have been, or are being, subjected to family and domestic violence.
What is family and domestic violence?
Family and domestic violence is violent, threatening or other abusive behaviour that seeks to coerce or control a person or causes them harm or to be fearful. The behaviour may be by a close relative of the person, or a member of the person’s household, or the person’s current or former intimate partner. Family and domestic violence may include, but isn’t limited to:
What is adverse action?
The Fair Work Act prohibits an employer from taking adverse action against an employee, or potential employee, because of their protected attribute.
These laws cover most employees and businesses and examples of protected attributes include a person’s: age, gender, race and religion, pregnancy and family or carer responsibilities. Examples of adverse action include:
Where can I get some advice?
Rest assured we are going to do a deeper dive into the key changes to the Fair Work Act — join our webinar here.
Need some advice or support on how to manage this in the workplace before the webinar? South Australian Business Chamber members can call the Business Advice Hotline on (08) 8300 0000 (select option 1).
