Discrimination means being treated unfairly, or not as well as others, because of a personal characteristic that is protected by law, like age, sex, gender identity, race or disability. These are known as ‘protected characteristics’ or ‘protected attributes’. Show
It is against the law to discriminate against someone on these grounds in certain areas of public life. ‘Public life' includes:
For example, it is against the law
Types of unlawful discriminationUnder anti-discrimination laws, there are two types of unlawful discrimination: direct discrimination and indirect discrimination. Direct discriminationUnder the Equal Opportunity Act 2010 (Vic), direct discrimination is when someone treats you badly or unfavourably, or tries to treat you unfavourably, because of your protected characteristic. For example, a person with schizophrenia is refused accommodation in a caravan park because the manager believes that a caravan park is not a suitable place for a person with a mental illness to live. Under Commonwealth anti-discrimination laws, you need to show that the person has treated you less favourably than they would treat someone in similar circumstances who does not have the same protected characteristic. This means that you need to show that:
Indirect discriminationIndirect discrimination is when an unreasonable requirement, condition or practice disadvantages people with certain protected attributes. With indirect discrimination, you need to be able to show that even though you are being treated the same as everyone else, you are put at a disadvantage because of your protected attribute. You also need to show that the requirement is not reasonable in the circumstances. For example, an employer requires everyone to be at work by 8.20 am every morning. This is a requirement that disadvantages employees with parent/carer responsibilities, who have to drop their children off at school before attending work. This would be an unreasonable condition if it is not necessary and the only reason for this requirement is that staff meetings 'have always been held at 8.30 am'. In Victoria, it is against the law for someone to discriminate against you because of certain protected characteristics. These are:
These are often referred to as 'protected attributes' or 'protected characteristics'. The Victorian Equal Opportunity and Human Rights Commission is responsible for overseeing Victoria's discrimination laws. See their website for a full list of the areas and types of discrimination External Link or call the commission's free enquiry line on 1300 292 153. Commonwealth discrimination lawsThere are also Commonwealth discrimination laws that protect people’s rights in public life and when dealing with Commonwealth Government departments and agencies. There are specific Acts that prohibit discrimination on the grounds of:
The Australian Human Rights Commission is responsible for overseeing Commonwealth anti-discrimination and human rights laws. See their website for information about discrimination on the grounds of age External Link, sex External Link, race External Link, disability External Link and other protected rights External Link. Discrimination under the Fair Work ActThe Fair Work Act 2009 (Cth) also aims to protect employees from discrimination at work. It is against the law for an employer to take ‘adverse action’ (for example, dismiss you from your employment or offer you fewer shifts) ) because of your protected attribute. The Fair Work Commission External Link is responsible for hearing claims against employers under the Fair Work Act, including discrimination in the workplace. The Fair Work Ombudsman External Link gives information and advice about workplace rights and obligations. VictimisationPeople are often concerned about making a complaint about discrimination if they have a continuing relationship with the person responsible (like an employer). They often worry they will be victimised (treated badly or unfairly) if they make a complaint. However, victimisation is also unlawful under discrimination laws. Victimisation is when you are disadvantaged in some way, or threatened with a disadvantage, because you have:
You should get legal advice if you think you are being, or have been, victimised for making a complaint. Discriminatory questionsGenerally, it is unlawful to ask a person for information about their protected attributes (for example, disability, race, pregnancy) if this information could be used in a discriminatory way. For example, during an interview an employer asks a female job applicant whether she has parenting responsibilities 'that keep her busy'. The applicant tells the employer that she has two children in primary school. She does not get offered the permanent full-time position, despite being the best person for the role. Instead, she is only offered a part-time contract position for three months. If you think this has happened to you, get legal advice. Discrimination law exceptionsSome forms of discrimination are not against the law. There are exceptions which are like ‘defences’ to discrimination. Some examples of exceptions are where:
Read more about exceptions External Link. Exemptions that apply to equal opportunity lawsUnder the Victorian law, exemption applications are considered by the Victorian Civil and Administrative Tribunal External Link. Exemptions from the Equal Opportunity Act can be granted for a period of up to five years. To apply for a temporary exemption from the operation of the Commonwealth Sex Discrimination Act, the Disability Discrimination Act or the Age Discrimination Act, a duty holder must apply to the Australian Human Rights Commission External Link. Make a complaintIf you think you have been discriminated against in an area that is covered by these laws you can make a complaint with the relevant commission. Keep in mind that some of your options have a limit of 21 days, so it is important to get advice as soon as possible after the discrimination occurs. Other supportFind out how you can get other support for discrimination. Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication. We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au When an employee is treated poorly because of a protected characteristic?Associative discrimination is when an employee is treated unfairly or poorly because they are close with someone who has a protected characteristic, as defined by the UK's Equality Act 2010.
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