Preventing discrimination in your workplace
Learn how to create a fair, safe and inclusive workplace by understanding your legal responsibilities and implementing practical discrimination prevention
What is workplace discrimination?
In Australia, all employees have the right to work in an environment that is safe and free from discrimination.
Workplace discrimination occurs when someone is treated less favourably because of personal characteristics, such as:
- race
- sex
- age
- disability
- religion.
Know your rights
Workplace rights help ensure everyone is treated equally and respectfully, whether in the public or private sector. These rights are protected under Australian laws, including the Fair Work Act and various federal anti-discrimination laws.
Key rights include:
- being free from discrimination, harassment, and bullying
- receiving equal pay for equal work
- being hired, trained, and promoted based on merit
- requesting flexible working arrangements
- speaking up about workplace concerns without fear of retaliation.
Australia's legal protections
An overview of laws at the federal and state and territory levels.
Quick guide to Australia’s workplace discrimination laws
Have you experienced discrimination?
You may want to speak directly with the person or people involved. If this doesn't help, or you don't feel comfortable doing this, you can make a complaint to us.
Types of workplace discrimination
Age discrimination in employment
Discrimination against individuals due to their age, whether younger or older, including age-specific characteristics or age group.
Disability discrimination in the workplace
When a person with a disability is treated less favourably than a person without a disability in the same or similar circumstances.
Racial discrimination in the workplace
Unfair treatment based on race, colour, descent, or national or ethnic origin, affecting opportunities in the workplace.
Sex discrimination in the workplace
Unfair treatment due to sex, gender identity, intersex status, relationship status, pregnancy, breastfeeding, or family duties.
Resources to help prevent discrimination in your workplace
Discrimination at work can occur due to religion, union activity, or criminal history. It may involve job loss, demotion, or unfair dismissal.
Understanding vicarious liability
If you're an employer or manager, it's important to know that you can be held legally responsible for discriminatory behaviour in your workplace, even if you weren't directly involved.
This is known as vicarious liability.
It means your organisation can be liable for things like sexual harassment, sex discrimination, or victimisation carried out by your employees, managers, or agents while they're at work or doing work-related activities.
Learn more about vicarious liability
10 ways to prevent discrimination at work
As an employer, you play a key role in creating a safe and respectful workplace. Here are 10 practical steps you can take:
1 Write a clear policy
Set expectations with a written policy on discrimination and harassment.
2 Have a complaints process
Establish a fair process for dealing with complaints. The good practice guidelines for internal complaint processes can help.
3 Tell your staff about it
Share your policy with new starters, add it to your intranet or noticeboards so everyone knows where to find it.
4 Train your team
Offer training on workplace rights and responsibilities. Prioritise managers and human resources staff if your budget is limited.
5 Lead by example
Encourage managers to model respectful behaviour. You could include this in performance reviews.
6 Set up a contact point
Appoint trained staff, like Workplace Contact Officers, who can support people experiencing discrimination or harassment.
7 Support workplace equality
Create policies that reflect your values — like flexible work options for carers or parents.
8 Plan for risk
Identify times when discrimination risks might be higher - such as staff returning from extended leave - and plan support.
9 Make your workplace accessible
Ensure your workplace and technology work for everyone. An access audit or reasonable adjustment policy can help.
10 Listen and learn
Use tools like staff surveys, exit interviews or absenteeism data to spot problems early and make improvements.
