Discrimination and Bullying - Employment Law
Anti-discrimination laws in Australia, are present in the Disability Discrimination Act 1992 (Cth), the Anti-Discrimination Act 1977 (NSW), and the Fair Work Act 2009 (Cth), that ensure that employees and prospective employees are not discriminated against due to workplace policies.
These laws prohibit direct and indirect discrimination, with indirect discrimination affecting a class of persons more likely than others, as seen in the Iron and Steel v Banovic case where a 'first on, first off' policy disproportionately affected women and was held to be a discriminatory unlawful workplace policy.
There are exceptions to the Anti-discrimination which include justifiable policies required because of the inherent job requirements. For instance, in Qantas Airways v Christie (1998), the mandatory retirement age for pilots was held not to be discriminatory due to international flight regulations. Similarly, in X v The Commonwealth (1999), the defence force’s exclusion of an HIV-positive individual was justified for safety reasons in combat scenarios.
Cases of unjustifiable anti-discrimination include Johnson v Gloria Marshall Figure Salons [1999], where dismissal due to pregnancy was ruled unfair, and Ucchino v Acorp Pty Ltd [2012], where the real reason for dismissal was found to be the worker’s pregnancy, not job performance.
Bullying and harassment are also forms of discrimination covered by the anti-discrimination laws. For instance The Disability Discrimination Act prohibits harassment based on disability, and the Fair Work Act 2009 (Cth) prohibits workplace bullying, including racial vilification, social media harassment, and derogatory remarks about disability.
If you believe you are the subject of discriminatory policy or being discriminated against at work, contact Houston Defence Lawyers, we are dedicated to protecting clients' rights. Houston Defence Lawyers brings years of experience and expertise to defend cases vigorously, aiming for positive outcomes. With a skilled team in advocacy who provides strong support and guidance throughout the legal process. Our first consultation is free.
See our article on Are you being Discriminated at Work?
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