While most of our clients’ cases are resolved promptly and discreetly via negotiations, we also have an excellent record of successful dispute resolutions in discrimination matters. This may include making a complaint to the Australian Human Rights Commission or a relevant State authority. We can assist you in choosing the right jurisdiction and guide you through the complaints process. Our highly experienced employment lawyers are recognised for excellence in Doyle’s ‘Guide to the Australian Legal Profession’.
Frequently Asked Questions
There are laws throughout Australia which prohibit discrimination based on protected attributes, including attributes such as sex, race, disability and age. Discriminating against someone at work can include dismissing or demoting an employee, denying an employee access to opportunities or subjecting the employee to any other detriment because of their protected attribute.
Workplace discrimination can happen to employees, managerial staff and executives at any level. Our expert employment lawyers have successfully acted for employees who have been discriminated against because of their gender, pregnancy, family responsibilities, sexual orientation, race and disability.
In some circumstances your employer may have a positive obligation to accommodate you. For example, your employer might have an obligation to accommodate you if you have a disability, impairment or injury, in order to assist you to do your job.
These obligations can extend to employers allowing flexible working arrangements to accommodate carer’s responsibilities. For example, if you are a parent or carer your employer might have an obligation to allow you to work from home on particular days. If your employer refuses, it could amount to workplace discrimination.
In addition to seeking legal advice, there are a number of things you should do:
- Keep a diary. Take notes of all discriminatory treatment, including when it happens and who the perpetrator is.
- Be informed. Make sure you have a copy of your contract of employment, enterprise agreement and workplace policies and procedures.
- If you are a union member, contact your union. Many unions are experienced in dealing with workplace discrimination..
- Speak to your OH&S representative. Get advice about procedures in your workplace.
- Address the situation early. Employees who are subject to discrimination often put the issue to one side and wait before it gets really bad before addressing it. By this time the employee may have already suffered a work related stress injury; if this is the case, they may not be able to continue working.
- Take care of your health. Your mental and physical health is very important. If workplace discrimination, bullying or harassment is affecting you, make sure you see your doctor about it.
- Seek advice. Working out which legal or practical decisions to make can be difficult with workplace discrimination cases. We can provide support and advice on a range of legal and personal matters.
Experts in Employment law
Our team has an outstanding record of achieving terrific outcomes for employees in both the private and public sector. We assist our clients with a combination of strategy, tenacity and compassion.
