About Workplace Discrimination
Workplace discrimination is the unfair treatment to someone unfavourably in the workplace because of a personal characteristic protected by law. Employees are protected from discrimination at all stages of employment, including:
a)recruitment, including how positions are advertised and how interviews are conducted
b)being offered unfair terms and conditions of employment
c)being denied training opportunities, promotion, transfers, performance pay or other employment-related benefits
d)being unfairly dismissed, retrenched or demoted.
Direct discrimination is when a person treats or proposes to treat, someone unfavourably because of a personal characteristic protected by law. Direct discrimination often happens because people make unfair assumptions about what people with certain personal characteristics can and cannot do.
Indirect discrimination occurs when an unreasonable condition is imposed that disadvantages a person with a personal characteristic protect by law. Indirect discrimination happens when a workplace policy, practice or behaviour seems to treat all workers the same way, but it actually unfairly disadvantages someone because of a personal characteristic protected by law.
Employers are vicariously liable for their employees’ acts of discrimination. Employers can also be directly liable and have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible.