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Discrimination and Sexual Harassment in employment is prohibited by Federal and Victorian legislation. If you believe you have suffered from discrimination or sexual harassment Advice Line Lawyers can provide you with advice on the legal options available to you. You can contact us on 9321 9881.
Click on the links below for general information on discrimination, sexual harassment and bullying in the workplace.
Direct Discrimination
An employer will directly discriminate against an employee with a particular attribute if it treats that employee less favourably than it would treat someone without that attribute or a different attribute.
The protected attributes are:
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race/ethnicity
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sex
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national origin
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marital status
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sexual orientation/lawful sexual activity
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age
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disability/impairment, including infectious disease
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industrial activity
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physical features
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pregnancy
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family responsibility
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religious beliefs
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political belief or activity
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breastfeeding
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gender identity
Indirect Discrimination
Unlawful discrimination may also be indirect. An employer will indirectly discriminate against an employee if the employer imposes a requirement or condition:
Discriminatory Harassment
Discriminatory harassment occurs when a person is harassed because of one of the attributes listed above (such as age, race or sex). Discriminatory harassment is unlawful and includes some things that might not be perceived to be harassment such as the creation of a work environment which is generally hostile to a person or group of people with particular attributes.
Sexual Harassment
Federal and Victorian legislation prohibit sexual harassment in the workplace. The Sex Discrimination Act 1984 defines sexual harassment as occurring if:
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a person makes an unwelcome sexual advance or an unwelcome request for sexual favours to the person harassed; or
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engages in other unwelcome conduct of a sexual nature in relation to the person harassed,
In circumstances in which a reasonable person would have anticipated that the person harassed would be offended, humiliated or intimidated.
Sexual harassment may arise in the workplace or at work related social activities. Sexual harassment does not include sexual interaction, flirtation, attraction or friendship which is invited, mutual, consensual or reciprocated.
What can you do if you have experienced discrimination?
If you have experienced discrimination, discriminatory harassment or sexual harassment you can make a complaint to the Australian Human Rights Commission (AHRC) or the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).
The AHRC or VEOHRC will conduct a preliminary investigation of your complaint and may conduct a conciliation to see if the complaint can be resolved. If the complaint cannot be resolved you can take the matter to either the Victorian Civil and Administrative Tribunal or the Federal Court or Federal Magistrates’ Court for hearing and determination.
Where a complaint is heard by the Victorian Civil and Administrative Tribunal or the Federal Court or Federal Magistrates’ Court and the allegation of discrimination is proven, a number of orders could be made such as:
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an order declaring that the employer has committed unlawful discrimination
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an order directing the employer not to repeat or continue the unlawful discrimination
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an order directing the employer to reinstate the employee
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an order directing the employer to pay damages to the employee for loss of earnings, humiliation and distress
The lawyers in the Employment and Industrial Relations group at Advice Line Lawyers have extensive experience in discrimination matters and we can provide you with advice on whether you have a potential claim, assist you to make the complaint and represent you in proceedings. You can contact us on 9321 9881.
Workplace Bullying
Workplace bullying is defined by WorkSafe Victoria as repeated, unreasonable behaviour directed towards and employee that creates a risk to health and safety.
If you are experiencing workplace bullying you can contact WorkSafe. WorkSafe inspectors have investigatory and remedial powers.
Of you have been the victim of workplace bullying you may also be able to bring a civil claim for damages against your employer and/or the bully. If you have been bullied at work, Advice Line Lawyers can provide you with advice on your legal options.
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