Workplace Solutions

Discrimination and harassment

It is unlawful to take adverse action against an employee because of the employee’s:

• race;
• colour;
• sexual preference;
• age;
• physical or mental disability;
• marital status;
• family or carer’s responsibilities;
• pregnancy;
• religion;
• political opinion;
• national extraction; or
• social origin.

In addition to the prohibitions in the Fair Work Act, there is a range of additional anti-discrimination laws at commonwealth and state level which need to be complied with, such as:

• Age Discrimination Act 2004 (Cth);
• Disability Discrimination Act 1992 (Cth);
• Racial Discrimination Act 1975 (Cth);
• Sex Discrimination Act 1984 (Cth); and
• Anti-discrimination Act 1991 (Qld).

Employers also have WH&S obligations to ensure the workplace is free from workplace harassment and bullying.