How to avoid discrimination in the workplace

What is discrimination?

The Victorian Equal Opportunity Commission defines discrimination as treating, or proposing to treat, someone unfavourably because of a personal characteristic protected by law. This could be age, gender, gender identity, a disability, marital status, association with someone with a particular characteristic, or many other things. Most discrimination occurs on the basis of gender, age and race.

Discrimination can occur in a range of places including clubs, shops, school, or the workplace. In the workplace in particular, it can occur through various stages of employment such as recruitment, requests for flexible work hours and at termination.

Discrimination can be direct or indirect. ‍

Direct discrimination is when somebody is treated unfavourably because of their attribute, such as not allowing a pregnant woman to attend training or apply for a management position.

‍Indirect discrimination is when there is a requirement or rule that appears neutral, but affects a particular group of people with a personal attribute.

An example is where a workplace states that work hours are 9 am to 5 pm and there can be no variation to these hours. Women with children may be affected without the ability to work flexible hours.

Preventing discrimination is an obligation of an employer and it saves time, money, stress and the reputation of a workplace. A workplace can prevent discrimination by:

• holding an anti-discrimination policy and ensure that staff understand it
• following up on complaints as soon as they occur
• agreeing to flexible working arrangements where reasonable, and
• disciplining those found guilty of discrimination.

Every workplace should have a comprehensive set of policies detailing employer obligations and employee rights.

Legislation

There are many laws in place to prevent discrimination. These include:

• Occupational Health and Safety Act 2004
• Fair Work Act 2009
• Equal Opportunity for Women in the Workplace Act 1999
• Equal Opportunity Act 2010
• Racial and Religious Tolerance Act 2001

How can Sharrock Pitman Legal help?

If you are an employer and you believe that you may have discriminated against an employee, or want help to avoid a claim, contact us today. Alternatively, if you are an employee and believe that you may have been discriminated against, we can assist you. Call Sharrock Pitman Legal today on 1300 205 506 or complete the form below.

The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

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