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Section : What is unlawful workplace discrimination?
Domain : Human Resource Management
Classification : Not Identified
Text Content
The FW Act protects employees against unlawful workplace discrimination. Unlawful workplace discrimination occurs when an employer takes adverse action against a person who is an employee or prospective employee because of the following attributes of the person:
- race
- colour
- sex
- sexual orientation
- breastfeeding
- gender identity
- intersex status
- age
- physical or mental disability
- marital status
- family or carer's responsibilities
- pregnancy
- religion
- political opinion
- national extraction
- social origin
- experiencing (or having experienced) family and domestic violence. Where an investigation finds that the employer has (or had) discriminatory practices that are linked to adverse actions for employees or prospective employees, we may take enforcement action. Adverse action taken by an employer includes doing, threatening or organising any of the following:
- dismissing an employee
- injuring an employee in their employment
- altering an employee's position to their detriment
- discriminating between one employee and other employees
- refusing to employ a prospective employee
- discriminating against a prospective employee on the terms and conditions in the offer of employment. For more information on unlawful workplace discrimination, see fairwork.gov.au/protections