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What can I do if I think I am being discriminated against at work?

I have been getting picked on a lot at work due to my past criminal record as a teenager. The employer hired me knowing my past history and they believe that everyone should be given a second chance. Some work colleagues found out and have been making fun of me and passing snide comments. What should I do?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 28-10-2015
1 Lawyer Answered
View more Q&A on:
  1. Equal Opportunity
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Lisa Wulfsohn, Malvern 3144 VIC

  • Keep a diary of the dates, times and details of the key events.
  • For example write down a conversation you had with your manager including:
    • their name;
    • the date;
    • time and length of the conversation; and
    • the details of what was said.
  • If you are a member of a union make sure you contact them as soon as possible. They have experience in dealing with discrimination issues.
  • Speak to the human resources person at your work or a person you feel comfortable discussing the matter with.
  • Address the issue early rather than waiting for it to get worse.
  • Make a complaint to the employer in writing. Be concise and outline the key points and events.
  • The Fair Work Act 2009 (Cth) protects you against adverse action for example dismissal resulting from you making a complaint.
  • If the matter is not resolved internally you should lodge a complaint with the Australian Human Rights Commission or the equal opportunity body in your state or territory. 

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