Discrimination

Based on the contribution of Craig Dowling and Neill Campbell for The Law Handbook 2016, published by Fitzroy Legal Service, originally amended by ClareMcKenzie for the NT Law Handbook, as amended by Bradley Allen Love Lawyers, Canberra, by Gabrielle Sullivan, May Oboodi and Robert Allen and current to March 2018.

In addition to the general protections provided by the Fair Work Act, there is also Federal and territory legislation protecting individuals from discrimination in the workplace.

It is important to note that the employer does not have to be personally responsible for the alleged discrimination to be captured by the operation of this anti-discrimination legislation. For example, an employer may be found liable if their policies and procedures are found to give their employees inadequate protection from discrimination in the workplace. This means an employer may be found liable for the sexual harassment of its employee by a customer if the employer did not have adequate safeguards in place to protect its employees from sexual harassment.

In the ACT, the Discrimination Act 1991 (ACT) prohibits unlawful discrimination in the workplace.

The following federal legislation also provides protection for certain kinds of discrimination:

• Australian Human Rights Commission Act 1986
• Age Discrimination Act 2004
• Disability Discrimination Act 1992
• Racial Discrimination Act 1975
• Sex Discrimination Act 1984

Complaints in relation to contraventions of anti-discrimination legislation can be made to the ACT Human Rights Commission or the Australian Human Rights Commission. A complaint may proceed to the conciliation stage if appropriate.