Anti-discrimination provisions are contained in a number of federal Acts,
including the:

       •    Racial Discrimination Act 1975
 
       •    Sex Discrimination Act 1984
 
       •    Disability Discrimination Act 1992
 
       •    Human Rights and Equal Opportunity Commission Act 1986

The importance of preventing discrimination is also stressed in the new Fair Work Act 2009, which refers to respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

All states and territories have some form of anti-discrimination legislation, which generally covers the same areas as the federal legislation. In some states there may be other types of discrimination added to those listed above. For example, in Western Australia it is unlawful to discriminate against someone because of a spent criminal conviction. Federal legislation allows state legislation to remain valid and the state legislation operates in a way that does not affect the operation of the federal legislation.

An employer cannot discriminate against employees AND job applicants:

       •    in the arrangements made for the purpose of determining
          who should be offered employment; or;
 
       •     in determining who should be offered employment; or
 
 
       •    in the terms or conditions on which employment is offered;
 
 
       •    when providing access to opportunities for promotion, transfer,
           training or other benefits associated with employment;
 
 
       •    when dismissing an employee, and
 
 
       •    when subjecting an employee to some other detriment.
 
       •    Discrimination against employees on the ground of family
          responsibilities is limited to dismissing an employee.

Similar anti-discrimination provisions apply to contract workers in relation to:

       •     the terms and conditions on which the contract worker is allowed to work;
 
       •    deciding whether to allow the person to work, or continue work;  
 
       •    access to opportunities or benefits associated with the contract, and
 
       •    subjecting the person to some other detriment.
 
       •    Anti-discrimination and awards and agreements

Penalties for Breach

Penalties may vary from state to state; in Victoria, a penalty of 20 penalty units or $2,200 is applicable for each and every offence with which the organization is found guilty of. See the Case Study below for further information.

The Solution

Quantum HR can assist your organization to ensure it better complies with anti discrimination obligations and reduce the risk of substantial damages and harm to employees or others. By conducting a thorough audit of your organisation’s existing policies and procedures, we can quickly and accurately identify where you do and do not comply and assist you through the process toward compliance.  A small investment now, may save you many thousands more in the future. Further, you will have the peace of mind knowing your employees and other stakeholders are better looked after when at work. So don’t take the risk of waiting until something happens, contact the professionals at Quantum HR now!
 

 
Sally, aged 29, was a casual employee at a supermarket. During the course of her employment she faced regular inappropriate touching, sexual suggestions and requests for sexual favours by her manager in the dairy freezer section. The alleged sexual harassment started a month after starting the job, but Sally could not leave because she needed the money to support her family. Sally lodged a complaint of sexual harassment against her employer. Her employer acknowledged that she had been harassed at work. The complaint was settled for $3000.