In Australia equality in the workplace is enshrined in equal opportunity laws. Equal opportunity laws are based on the position that everyone should be treated equally and their differences respected. The law makes discrimination against a person with a ‘protected characteristic’ unlawful. Broadly speaking the main protected characteristics are age, race, disability and gender.

Equal opportunity law protects people from discrimination in public places including clubs, schools, shops, the workplace and more. This guide will focus on discrimination in the workplace.

In Australia discrimination is dealt with by both federal (Australia-wide) and state or territory laws. The federal laws apply to everyone in Australia while the state or territory laws only apply to those living in the particular location. The federal and state or territory equal opportunity laws are largely the same although there are some differences. This guide focuses on federal discrimination law.

There are five key pieces of legislation (written law) governing equal opportunity law at the federal level. These are the:

• Racial Discrimination Act 1975 (Cth);
• Sex Discrimination Act 1984 (Cth);
• Disability Discrimination Act 1992 (Cth);
• Age Discrimination Act 2004 (Cth); and
• Australian Human Rights Commission Act 1986 (Cth).

 Under the federal legislation a person who believes they have been discriminated against can lodge a complaint with the Australian Human Rights Commission (AHRC). The AHRC will try to resolve the complaint with the other party. Sometimes conciliation will be used to try to resolve the complaint. Conciliation is a form of alternative dispute resolution similar to mediation. Resolutions from successful conciliation may include:

• compensation;
• an apology; or
• a change in company policy.

If the dispute cannot be resolved then it will be terminated. The complainant (person who lodged the complaint) may then choose to take the complaint to the Federal Circuit Court or Federal Court of Australia. The claimant cannot take the complaint to the Federal Circuit Court or Federal Court of Australia unless it has been terminated by the AHRC.

Fair work legislation also deals with discrimination and applies to all Australians. The Fair Work Commission deals with complaints involving an ‘adverse action’ such as dismissal from a workplace taken against an employee based on a protected characteristic as defined by the Fair Work Act 2009 (Cth).

This Legal Guide on Equal Opportunity provides employees and employers with information about workplace discrimination under the federal laws of Australia. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.