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What is workplace discrimination?When someone
discriminates against you it usually means that they are making judgements about you based on things like your race, religion, gender, sexual orientation, age, if you have a disability, if you are pregnant. If you think that people at work, or a potential employer, have made judgments about you based on these things, it is workplace discrimination.
How do you know when it becomes workplace discrimination?Let’s face it, people making judgements about you, based on stuff that isn’t true, is something most of us have experienced. In the workplace this becomes an issue when the judgements of your peers or bosses mean you miss out on opportunities, are made to feel uncomfortable or your work is affected.
Examples of workplace discriminationWorkplace discrimination can take place in many forms. Often it can’t be pinpointed to one action or event but is a combination of things. Examples of workplace discrimination include:
- missing out on specific opportunities like transfers, promotions
- not being paid the same as someone else doing the same job, with the same experience and qualifications
- an employer or fellow workmate deliberately withholding information you need to do your job
- physical or verbal abuse
- being excluded or isolated by workmates or your boss
- being given an impossible task.
Workplace discrimination can also happen when you apply for a job. So, if for a reason during an interview or a recruitment process you feel that an employer has made negative judgements about you based on your gender, religion etc, then you may have grounds to take action.
What are my rights?If you feel that you are being discriminated against, it is your right to get someone to investigate and fix the situation. Discrimination is a violation of human rights; it is illegal in to discriminate against other people in Australia. The Human Rights and Equal Opportunity Commission Act 1986 is specifically designed to help you register a complaint if you feel that you have encountered workplace discrimination. There is no cost to make a complaint to the Commission.
What to do about workplace discrimination?The first thing to do is to familiarise yourself with the processes to deal with discrimination in your workplace. A first step might be to tell someone in your office, for example a manager or human resources officer. If this does not help the situation you can register a complaint with the Human Rights and Equal Opportunity Commission. You can do this yourself or someone else can do it on your behalf, like a union representative or solicitor. Workplace unions can provide information about your rights at work, they can also advocate on your behalf. For more information check out the Australian Council of Trade Unions at
http://www.actu.asn.au. What other options do I have?Some complaints about workplace discrimination can also be made under other federal discrimination laws such as the Racial Discrimination Act, the Sex Discrimination Act and the Disability Discrimination Act. You can find out more about your rights and how to register a complaint by visiting the Human Rights and Equal Opportunity Commission (HREOC) website,
http://www.humanrights.gov.au. State laws may also apply to your situation. To find out more go to:
How do I know this?Australian Human Rights and Equal Opportunity Commission,
http://www.hreoc.gov.au/complaints_information/ind...Australian Council of Trade Unions,
http://www.actu.asn.au Gay and Lesbian Rights Lobby,
Workplace discrimination,
http://www.glrl.org.au/publications/fact_sheets/wo...For Youth by Youth Technologies 2001,
Discrimination,
http://www.infoxchange.net.au/funktion/fyby/html/d...
