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An employer can be liable for acts of discrimination or harassment, including sexual harassment, that occur in the workplace or in connection with a person’s employment. This is called ‘vicarious liability’. It means that employers can be liable for acts by their employees that occur at work-related events, such as conferences, training workshops, business trips and work-related social…

Offering employees flexible working hours, like other flexible work arrangements, is a way to create a productive workplace that is free of discrimination. In some circumstances, a rule that requires all employees to work certain hours can be indirect discrimination as it may have an unfair effect on some groups of people, such as people with disabilities, women who are pregnant or…

Training for both employers and employees is a key aspect of preventing discrimination and harassment in the workplace. Organisations and employers can undertake training to better understand how they can prevent discrimination and harassment in their workplace. They can also provide training for staff on their rights and responsibilities regarding discrimination and harassment in the…

The Sex Discrimination Act makes it unlawful to discriminate against someone because of their sexual orientation, gender identity or intersex status. Sexual orientation discrimination happens when a person is treated less favourably than another person in a similar situation because he or she has a sexual orientation towards persons of the same sex; persons of a different sex; or persons of…

Social media postings can be against the law if they discriminate against, harass, bully or racially vilify a person. Discrimination occurs when a person is treated less favourably than another person because of a particular attribute they have. Harassment or bullying can amount to discrimination in some circumstances. Inappropriate posts, comments or content shared on social media can…

Special measures aim to foster greater equality by supporting groups of people who face, or have faced, entrenched discrimination so they can have similar access to opportunities as others in the community. Special measures are sometimes described as acts of ‘positive discrimination’ or ‘affirmative action’. They are allowed under federal anti-discrimination laws. The Sex Discrimination Act…

Every organisation aims to recruit the best person for the job. That’s why it is important to be able to select from the widest possible range of applicants. Recruitment processes that are discriminatory reduce an employer’s opportunity to find the best person for the job. Employers who are recruiting staff should be aware of their responsibilities under federal anti-discrimination laws…

Asking applicants certain questions in a job interview may disadvantage some people and could amount to discrimination. Employers are required by law to avoid discrimination when recruiting staff. Employers should not seek unnecessary and potentially discriminatory information from applicants when they develop selection criteria or prepare interview questions. It could be discrimination if …

Treating someone differently because of the language that they speak may be against the law. Find out more in this quick guide for employers.

How a position is advertised is crucial to attracting the right sort of people for the job. A good advertisement will focus exclusively on the essential skills and abilities needed to do the job. Only refer to personal characteristics, such as age, sex, marital status or race, if they are part of the genuine requirements of the job. A discriminatory advertisement can limit the range of…

Employers often set rules regarding how their employees are expected to dress in the workplace. Employers should ensure that any dress code they propose does not amount to discrimination. Discrimination is against the law if a person is treated unfairly because of a protected characteristic, such as his or her race, sex, age, disability, sexual orientation, gender identity or intersex status…

Understanding Direct Discrimination. Learn about unlawful treatment based on protected characteristics.

Obtain information and practical guidance on how to prevent criminal record discrimination in the workplace.

Establishing a process to resolve complaints of discrimination and harassment can improve staff satisfaction and help avoid complaints to external agencies or other legal action. Under federal anti-discrimination laws, if an organisation argues that the organisation should not be held liable for any discrimination or harassment by one of its employees, the organisation will need to…