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Caring responsibilities can include caring for young children, for children or adults with disabilities, mental illness, chronic illness, or for older people. Many employees will have caring responsibilities at different times in their lives. Employers have an obligation to avoid discrimination against carers in some circumstances. Under the Sex Discrimination Act, it is against the law for …

A growing number of organisations recognise that flexible work arrangements are vital to the successful recruitment and retention of their employees. Flexible work arrangements can also help employers meet their obligation to avoid discrimination against employees with disabilities, older employees and employees with family responsibilities. Flexible work arrangements can include: changing…

Women experience inequality in many areas of their lives. At work, women face a gender ‘pay gap’ and barriers to leadership roles. Many encounter reduced employment opportunities because of the time they give to family and caring responsibilities. Sexual harassment and gender-based violence also threaten women’s basic right to feel safe and respected at work, in public, in places of study…

The Australian Human Rights Commission provides a quick guide to Australian discrimination laws, covering federal and state/territory legislation.

It is against the law to discriminate against a person because of his or her marital or relationship status. This includes people who are single, married, in a de facto relationship, separated, divorced, widowed or never married. It also includes people in same-sex relationships. There are some limited exemptions. Discrimination happens when a person is treated less favourably than another…

It can be discrimination when a person does not experience equal opportunity in employment because of his or her political opinion. This may include being refused a job, being dismissed from employment, being denied training opportunities or being harassed at work. The Commission may investigate complaints of discrimination in employment based on political opinion and, where appropriate, try…

It can be discrimination when a person does not experience equal opportunity in employment because of his or her activity in a trade union. This includes being refused a job or dismissed from a job, being refused a promotion, transfer or other benefit associated with employment, given unfair terms or conditions of employment, being refused training opportunities, being refused flexible work …

People who are transgender are protected from discrimination by law. The Sex Discrimination Act makes it unlawful to treat a person less favourably than another person in a similar situation because of the gender-related identity, appearance, mannerisms or other gender-related characteristics of the person. Example: A shop assistant refused to serve a person who identifies and presents as a…

Discrimination in employment on the basis of religion occurs when someone does not experience equality of opportunity in employment because of their religion. This may include being refused a job, being dismissed from employment, being denied training opportunities or being harassed at work. Discrimination on the basis of religion alone is not unlawful under federal anti-discrimination law …

An employer may be obliged to conduct a police check where there is a legal requirement that an employee or job applicant should not have a certain criminal record. However, an employer should only ask job applicants and employees to disclose criminal record information if certain criminal convictions or offences are relevant to the inherent requirements of the job. Asking an applicant or…

The following federal anti-discrimination laws protect people from discrimination and harassment: Australian Human Rights Commission Act 1986 (Cth) Age Discrimination Act 2004 (Cth) Disability Discrimination Act 1992 (Cth) Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) Fair Work Act 2009 (Cth) Federal discrimination laws prohibit discrimination in different areas of…

Lesbians are protected from discrimination by law. The Sex Discrimination Act makes it unlawful to treat a person less favourably than another person in a similar situation because of her sexual orientation. There are some limited exemptions. Same-sex couples are also protected from discrimination under the definition of ‘marital or relationship status’ in the Act. Example: A company policy…

Job sharing is a flexible work arrangement where one job is done by more than one person. It can be an option if employees want to work part-time but the job that is available needs to be worked on a full-time basis. Example: One employee works part-time and does the job on Monday and Tuesday and another employee does the same job, also working part-time, on Wednesday, Thursday and Friday…

Human rights are based on the principles of dignity, equality and mutual respect. Human rights recognise the inherent value of each person, regardless of their background, where they live, what they look like, what they think or what they believe. People’s human rights are respected when they are treated fairly and have the ability to make genuine choices in their daily lives. The operations…

It is against the law to discriminate against a person because that person is or has been an immigrant. There are some limited exceptions. Discrimination on the basis of immigrant status occurs when a person is treated less favourably, or not given the same opportunities as others in a similar situation, because of their immigrant status. This does not mean that an employer has to employ…

It is against the law for employers to discriminate directly against a person because of their responsibilities to care for a family member. This includes caring for a spouse or de-facto partner, child, grandchild, brother, sister, parent or grandparent. There are some limited exemptions. Discrimination happens when a person is treated less favourably than another person in the same or…

People who are gay, lesbian or bisexual are protected from discrimination by law. The Sex Discrimination Act makes it unlawful to treat a person less favourably than another person in a similar situation because of their sexual orientation. There are some limited exemptions. Example: It may be discrimination for an employer not to promote an employee to a more senior role because he is gay…

It is against the law to discriminate against women who are breastfeeding. This includes women who need to express milk by hand or using a pump. There are some limited exemptions. Discrimination happens when a woman is treated less favourably because she is breastfeeding or needs to breastfeed over a period of time. It is also discrimination when there is an unreasonable requirement or…

Employers will sometimes set rules regarding the appearance of their employees in the workplace. However, it is important to ensure that any proposed rules that affect people with tattoos do not amount to discrimination. Discrimination is against the law when people are treated unfairly because of a personal attribute that is protected by law, including race, sex and gender identity

Some people with disabilities may face barriers at work because of some feature of their work situation which could readily be altered. Making these changes is commonly referred to as ‘reasonable adjustments’. Employers can be required by law to make reasonable adjustments to the workplace. Failure to do so may be discrimination. Adjustments should respond to the particular needs of the…