Key Takeaways
- Discrimination occurs when individuals are treated unfairly based on protected attributes such as age, disability, or gender identity.
- Victimisation involves facing negative consequences for asserting one's rights or supporting someone else's discrimination claim.
- Discrimination can occur in various areas including employment, education, housing, and access to goods and services.
- Certain exceptions to unlawful discrimination exist, such as special measures for disadvantaged groups and health and safety requirements.
- Key legislation in Victoria includes the Equal Opportunity Act 2010 and Fair Work Act 2009, which safeguard against discrimination and outline individuals' rights.
Discrimination and victimisation present significant obstacles to achieving fairness and equal opportunity in Victoria. Across workplaces, educational institutions, and public life, unjust treatment rooted in personal characteristics erodes the principles of equity and dignity. This guide is designed to provide a clear understanding of your rights, help you recognize discriminatory behavior, and empower you to take informed action against inequality.
What is Discrimination?
Discrimination occurs when a person is treated unfairly or differently due to attributes protected by law. These protected attributes include:
- Age
- Disability (including reliance on aids or support animals)
- Gender identity
- Race, ethnicity, or cultural background
- Pregnancy or parental status
- Religious or political beliefs
- Sexual orientation
- Marital or relationship status
Types Of Discrimination
- Direct Discrimination
Direct discrimination involves explicit unfair treatment due to a protected characteristic. For example, an employer dismisses an employee upon learning of their pregnancy, despite the employee meeting performance expectations.
- Indirect Discrimination
Indirect discrimination occurs when a neutral rule or policy disadvantages people with certain protected attributes. For instance, a company’s requirement for all employees to work mandatory overtime shifts without exceptions can disadvantage individuals with disabilities who rely on public transport schedules that do not accommodate late-night travel.
Understanding Victimisation
Victimisation occurs when someone faces negative consequences for asserting their rights or supporting someone else’s claim of discrimination. Examples include:
- A whistleblower is denied promotions after reporting workplace harassment.
- A tenant who lodges a complaint about racial discrimination is issued an unfair eviction notice.
Victimisation is unlawful and should be addressed with the support of legal or advocacy services.
Key Areas of Discrimination
Discrimination is unlawful in several key areas, with each presenting unique challenges for individuals facing unfair treatment. Below are some common contexts where discrimination can occur:
- Employment and Volunteering: A volunteer is denied participation in a charity event due to their gender identity.
- Education: A student with a disability is refused reasonable accommodation during exams, affecting their ability to perform.
- Access to Goods and Services: A restaurant refuses to serve a customer because of their ethnicity.
- Housing and Rental Markets: A landlord discriminates against a single parent by denying them a rental application despite meeting all financial criteria.
- Sports, Clubs, and Recreational Activities: A club excludes a member based on their religious beliefs, preventing them from participating in group activities.
When Discrimination is Lawful
While discrimination is unlawful, some exceptions exist. These include:
- Special Measures: Providing specific benefits or services to disadvantaged groups (e.g., disability support programs).
- Health and Safety Requirements: Measures taken to protect public health or workplace safety, such as excluding individuals from certain roles if a condition poses a direct risk.
- Legal Compliance: For example, hiring only licensed drivers for certain roles.
Workplace Discrimination and Unlawful Practices
Workplace discrimination remains a significant issue. Under the Fair Work Act 2009, employers cannot take adverse actions, such as dismissal or demotion based on protected attributes like age, gender, or disability.
Employers are also prohibited from making inquiries about protected attributes, such as caregiving responsibilities, unless legally necessary. Such inquiries can lead to biased decisions or unfair treatment.
Examples of Workplace Discrimination:
- Denying a promotion to an employee based on their age.
- Refusing flexible work arrangements for an employee with caregiving responsibilities.
- Offering a part-time role instead of the advertised full-time position after learning about a job applicant’s family obligations.
For assistance with workplace discrimination, contact the Fair Work Ombudsman or the Fair Work Commission, which provide guidance, mediation, and dispute resolution services.
Steps to Take if You Face Discrimination
If you experience discrimination or victimisation, consider the following steps:
- Document the Incident: Keep records of what happened, including dates, times, and witnesses.
- Seek Support: Contact relevant organisations such as the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) or Australian Human Rights Commission (AHRC).
- File a Complaint: Depending on the situation, complaints can be lodged with VEOHRC, AHRC, or the Fair Work Commission.
- Consult a Lawyer: Legal advice can help you understand your options and strengthen your case.
Important: Time limits apply to some complaints, such as a 21-day limit under the Fair Work Act. Act quickly to protect your rights.
Key Legislation
- Equal Opportunity Act 2010: Provides comprehensive protection against discrimination and victimisation in Victoria, covering areas such as employment, education, and goods and services.
- Fair Work Act 2009: Governs workplace relations and includes protections against adverse actions based on protected attributes in employment.
- Age Discrimination Act 2004: Prohibits discrimination based on age in various areas, including employment and access to services.
- Sex Discrimination Act 1984: Protects individuals from discrimination based on sex, pregnancy, marital status, or sexual orientation in multiple domains.
- Racial Discrimination Act 1975: Prohibits discrimination based on race, ethnicity, or national origin in public life.
- Disability Discrimination Act 1992: Ensures equal rights and access for individuals with disabilities in areas such as employment, education, and public facilities.
Resources and Support
If you are facing discrimination or need guidance, the following organisations provide support, advice, and dispute resolution services:
- Victorian Equal Opportunity and Human Rights Commission (VEOHRC): Offers free advice and assistance with discrimination complaints in Victoria.
- Australian Human Rights Commission (AHRC): Handles discrimination complaints at the federal level and provides education on human rights.
- Fair Work Ombudsman: Provides information about workplace rights and obligations, including advice on handling workplace discrimination.
- Fair Work Commission: Resolves workplace disputes and handles complaints related to unfair dismissal or discrimination.
- Victoria Legal Aid: Provides legal assistance and representation for discrimination and workplace-related issues.
Conclusion
Discrimination and victimisation undermine fairness and equality. By understanding your rights and legal frameworks available, you can address unfair treatment and create positive change.
