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Equal Opportunity

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 22 Jul 2015

I2. How a Lawyer Can Helpf you are an employer a lawyer can provide advice and representation if you need to prevent or resolve discrimination complaints.

  • A lawyer can help ensure that your business takes reasonable steps to prevent discrimination by:
    • drafting anti-discrimination policies and guidelines;
    • providing discrimination prevention and management training; and
    • auditing workplace policies and procedures to ensure compliance with state and federal equal opportunity legislation.
  • A lawyer can also help you with individual discrimination claims by:
    • advising you on the merits of particular claims made against you;
    • advising on internal disciplinary processes;
    • assisting in workplace investigations;
    • representing you in negotiations with the claimant;
    • assisting in any conciliation between you and the claimant; and
    • defending a discrimination claim in a relevant commission, board, tribunal or court.

If you believe you are the victim of discrimination a lawyer can provide advice and representation in regards to your complaints.

  • A lawyer can help you prepare a complaint by:
    • advising on whether a complaint should be made under state or federal law;
    • advising on whether your complaint is likely to succeed; and
    • advising on what remedies (relief or solutions) you should seek.
  • A lawyer can also help you once a complaint is made by:
    • liaising with the Australian Human Rights Commission on your behalf;
    • assisting in any conciliation between you and your employer;
    • drafting legal documents in relation to a discrimination claim in a relevant commission, board, tribunal or court; and
    • representing you in a discrimination claim in a relevant commission, board, tribunal or court.

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