Workplace discrimination can have a profound impact on your professional and personal well-being. If you feel you have been treated unfairly due to factors such as race, gender, religion, age, disability, pregnancy, or you have experienced sexual harassment it is essential to address the issue promptly. This guide provides clear, actionable steps to help you navigate the process, understand your rights, and take appropriate action under Victorian law.

Your Employer’s Responsibility

Under Victorian law, your employer has legal obligations to ensure your workplace is safe, inclusive, and free from discrimination. Understanding these responsibilities is crucial in holding your employer accountable.

1. Ensure a Safe Workplace

Under Victorian law, employers are legally obligated to maintain a safe work environment free   from risks to health and safety, including those posed by bullying, harassment, or discrimination.

• Comply with Anti-Discrimination Laws

Employers are required to adhere to the Equal Opportunity Act 2010 (Vic) and other relevant legislation. They can be held accountable for failing to address discriminatory behaviour within the workplace.

• Take Action on Complaints

Once a complaint is raised, your employer is expected to investigate and take steps to resolve     the issue. This may occur even if you prefer not to escalate the matter, as workplace safety takes precedence.

Recognising Discrimination and Harassment

Before acting, identify if your experience qualifies as workplace discrimination or harassment.

What is Discrimination?

Discrimination occurs when someone is treated unfairly based on protected characteristics such as:

• Race or ethnicity
• Gender or pregnancy status
• Age
• Disability (physical or mental)
• Religion or political beliefs

What is Harassment?

Harassment includes unwanted behaviour that creates a hostile or intimidating work environment. This can range from inappropriate comments and jokes to sexual advances or physical threats. Examples include:

• Being excluded from meetings or projects because of your race or gender.
• Receiving offensive emails or text messages about your disability.
• Facing negative consequences for requesting workplace adjustments due to a medical condition.

Preparing to Raise a Complaint

When preparing to raise a workplace discrimination complaint, it is important to organise your evidence and approach the matter systematically:

1. Speak to the Person Involved
2. If it feels safe and appropriate, consider addressing the issue directly with the individual to clarify or stop the behaviour before escalating.

• Document the Issue
• Keep a Diary of Incidents: Record incidents in detail, including dates, times, locations, and names of those involved. Write notes as soon as possible after each event, sign, and date them for accuracy.
• Save Communications: Retain emails, text messages, social media posts, or other correspondence that demonstrate discriminatory behaviour or retaliation.
• Gather Witness Information: Collect the names and contact details of individuals who observed the behaviour or can verify your claims.

• Review Workplace Policies
• Check if your employer has formal policies for addressing complaints or disputes. These procedures often outline the steps to take and the resources available to employees.

• Seek Support
• Union Support: If you are part of a union, speak to your representative for advice, support, or mediation.
• External Guidance: If you are not in a union, consult a trusted colleague or an external advisor, such as a lawyer or workplace advocate, for guidance.

Addressing the Issue with Your Employer

When you are ready to raise your complaint, follow these steps to ensure the conversation is productive:

1. Communicate Clearly
2. Explain the incidents, how they have affected you, and what you would like your employer to do to address the issue.
3. If adjustments to your work environment are needed (e.g., flexible hours, modified tasks), provide specific details and supporting evidence, such as a letter from your doctor.

• Request a Support Person
• Ask for a support person to attend any meetings with your employer. This could be a trusted individual or legal advisor, but it is best if they are not someone who works with you.

• Follow Up in Writing
• Document your discussions in writing, such as via email or formal letter. This creates a clear record of your concerns and the steps taken to address them.

Protecting Your Health and Well-Being

1. Seek Medical Help
2. If discrimination has caused physical or mental health issues, consult a healthcare professional. Obtain medical certificates and reports to document your condition.

• Workers’ Compensation Claims
• If you have been injured at work due to discrimination, you may be eligible for compensation. Lodge your claim within 30 days of the injury and retain all related medical documents and receipts.

• Take Leave if Necessary
• If stress or illness prevents you from working, notify your employer and provide medical documentation. Ensure you comply with your workplace’s rules for leave requests.

What to Do If Retaliation or Unresolved Issues Occur

Retaliation for raising a discrimination complaint is unlawful, and there are steps you can take of the issue persists or your employer fails to act:

1. Record Incidents
2. Incident Logs: Maintain a diary of incidents related to retaliation, including who was involved, what occurred, and when it happened.
3. Communication Records: Save correspondence that relates to retaliation or unresolved issues, including emails, letters, and meeting notes.
4. Witness Support: If witnesses observed retaliatory behaviour, record their details and any statements they may be willing to provide.

• Seek Legal Advice
• Consult a lawyer or workplace legal service to understand your rights and options. Legal advice can help determine whether to pursue claims under anti-discrimination laws or the Fair Work Act 2009.

• File a Formal Complaint

If internal resolution fails, escalate the issue to the appropriate authority:

• Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
• Australian Human Rights Commission (AHRC)
• Fair Work Commission (FWC)

Note: Some complaints must be lodged within 21 days, so act promptly to protect your rights.

Key Legislation

1. Equal Opportunity Act 2010: Prohibits discrimination, sexual harassment, and victimisation in Victoria.
2. Fair Work Act 2009: Protects against workplace discrimination and adverse actions such as dismissal or retaliation.
3. Sex Discrimination Act 1984: Prohibits discrimination based on sex, gender identity, marital status, and sexual orientation.
4. Disability Discrimination Act 1992: Protects individuals with disabilities from discrimination in employment and other areas.
5. Racial Discrimination Act 1975: Prohibits discrimination based on race, colour, descent, or national or ethnic origin.
6. Occupational Health and Safety Act 2004: Ensures employers provide a workplace free from risks to health and safety, including risks related to bullying and harassment.

Resources and Support

1. Victorian Equal Opportunity and Human Rights Commission (VEOHRC): Handles complaints under Victorian law and provides information on discrimination, sexual harassment, and victimisation.
2. Australian Human Rights Commission (AHRC): Manages federal discrimination complaints and promotes human rights education.
3. Fair Work Commission (FWC): Resolves workplace disputes and addresses breaches of the Fair Work Act 2009.
4. WorkSafe Victoria: Provides guidance and assistance for workplace health and safety concerns, including bullying and harassment.
5. JobWatch: A community legal centre helping with workplace rights, including discrimination and unfair treatment.
6. Victoria Legal Aid: Offers free legal advice and support for workplace discrimination cases.
7. Victorian Civil and Administrative Tribunal (VCAT): Handles discrimination and harassment complaints under the Equal Opportunity Act 2010.
8. National Relay Service (NRS): Assists individuals with hearing or speech impairments to access workplace support services.

Conclusion

Addressing workplace discrimination is challenging but necessary to protect your rights and well-being. By undertaking your employer’s obligations, documenting incidents, and seeking appropriate support, you can take meaningful steps toward resolution. If internal processes fail, lodging a formal complaint with relevant authorities ensures that your concerns are heard and acted upon.