Workplace Discrimination Queensland

In relation to workplace discrimination, Queensland workplaces are governed by the Anti-Discrimination Act 1991 (‘the Act’).

This area of law makes it unlawful to treat an individual less favourably due to a certain attribute, this includes characteristics such as age, race, sexuality, and religious/political beliefs.

Discrimination within the workplace may result in legal action under the Act.

It is important to be aware of this subject as either an employer or employee, in order to protect your rights.

This article will briefly discuss discrimination within the workplace and the process of making a complaint.

It is important to note legal time frames and is recommended to engage an employment lawyer for advice.

Be referred to the best employment lawyers on the Sunshine Coast for employment matters

Attributes Defined by the Act

Section 7 of the Act lists sixteen attributes, stating that it is prohibited to discriminate on either of the following basis:

1. sex;
2. relationship status;
3. pregnancy;
4. parental status;
5. breastfeeding;
6. age;
7. race;
8. impairment;
9. religious belief or religious activity;
10. political belief or activity;
11. trade union activity;
12. lawful sexual activity;
13. gender identity;
14. sexuality;
15. family responsibilities;
16. association with, or relation to, a person identified on the basis of any of the above attributes.

Workplace Discrimination

Workplace discrimination is prohibited under section 15 of the Act.

It states that a person must not discriminate:

1. in any variation of the terms of work; or
2. in denying or limiting access to opportunities for promotion, transfer, training or other benefit to a worker; or
3. in dismissing a worker; or
4. by denying access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or
5. in developing the scope or range of such a program; or
6. by treating a worker unfavourably in any way in connection with work in regard to the attributes listed above. An example of these may be a workplace denying someone of a promotion based on conflicting political or religious beliefs.

Workplace discrimination in Queensland can be direct in which an individual is treated less favourably due to one of the characteristics listed above.

Or it may be indirect, this may occur in circumstances where a workplace imposes a rule which an individual with a protected attribute may not be able to comply with.

Within the Act, section 14 states it is also unlawful to discriminate in the pre-work area. This relates to the assigning of hours or denying an individual of a program or training.

Section 15 explains discrimination in the work area:

1. in of the terms of work; or
2. in denying or limiting access to opportunities for promotion, transfer, training or other benefit to a worker; or
3. in dismissing a worker; or
4. by denying access to a guidance program, an apprenticeship training program or other occupational training or retraining program; or
5. in developing the scope or range of such a program; or
6. by treating a worker unfavourably in any way in connection with work. These rules are in relation to the protected attributes listed within section 7 of the Act.

Bringing a Claim in Regard to Workplace Discrimination

If you believe you may have a claim for workplace discrimination, the Queensland Anti-Discrimination Commission aims to inquire on complaints and carry our investigations in relation to contraventions of the Act.

They also promote human rights in Queensland, including education programs and training.

The commission is established within Chapter 9 of the Act, while Chapter 7 describes the procedure for making a formal complaint.

The complaint requirements include that it must be in writing, set out reasonably sufficient details of the alleged contravention of the Act, state the complainant’s address for service, and must be lodged or mailed to the commissioner.

Workplace Discrimination Time Limits

A complaint must generally be brought within one year of the alleged contravention of the Act.

The commissioner must reject a complaint they believe to be frivolous, trivial, vexatious, misconceived, or lacking in substance.

This determination will be made, or the complaint will be accepted within 28 days of the commissioner receiving the complaint.

Workplace Discrimination Procedure

If the commissioner believes that a complaint may be resolved by conciliation, the commissioner must try to resolve it in that way.

This may be done by the commissioner directing a person to take part in a conciliation conference or the commissioner may enforce the direction by filing a copy of it with a court of competent jurisdiction, this may be enforced as if it were a court order.

If the complaint cannot be resolved via conciliation, the parties may be referred onto the Queensland Civil and Administrative Tribunal (‘QCAT’). A QCAT proceeding may result in orders for compensation, injunctions to prevent discrimination from occurring, and require a party to pay costs to the other.

It is highly recommended you engage a solicitor when approaching disputes surrounding workplace discrimination and employment law. If you believe you have experienced workplace discrimination, a legal professional will be able to offer advice and explain more in depth the processes outlined above.

Be referred to the best employment lawyers on the Sunshine Coast for employment matters

Sunshine Coast Lawyers

There are important timeframes as noted above when bringing a legal claim, please feel free to use our website today to find a suitable lawyer on the Sunshine Coast in order to protect your interests.

In Queensland, discrimination complaints can be made through the:

• Australian Human Rights Commission – phone 1300 656 419
• Queensland Human Rights Commission – phone 1300 130 670 to discuss your options (most complaints are resolved through the conciliation process). Complaints must be made in writing – lodge online or download and complete the complaint form (DOCX, 98KB).

If you believe you may have been unfairly dismissed from your place of employment on discriminatory grounds, see general information about applications and forms with the Fair Work Commission below:

Fair Work Online: www.fairwork.gov.au
Fair Work Infoline: 13 13 94