Discrimination, Sexual Harassment and Victimization

Many people do not realize that they may have a equal opportunity or anti-discrimination claim, or do not understand what discrimination or harassment means under the various equal opportunity or anti-discrimination legislation. Set out below are the various categories under which you may be entitled to make a claim.

You are entitled to justice and a fair go, under no circumstances do you have to suffer or put up with sexual harassment or discrimination in the workplace. Why should you suffer because of your employer, or their failure to act on your complaints. Many people do not realize that they may be eligible or just not sure as to the merits of their claim, Call now to have a confidential discussion regarding your situation.

What is unlawful discrimination?

Victoria's Equal Opportunity Act,or the Federal Fair Work Australia Act and the Federal Human Rights and Equal Opportunity Commission makes it unlawful to sexually harass others or to discriminate against anyone, or terminated their employment because of their:

(Various acts cover different aspects of discrimination, the list below, particularly the explanations are not exhaustive)
•Sexual harassment(uninvited comments, slurs, and/or jokes, unwelcome advances, touched, pressured for sex, sent pornographic emails)
•age, (treated differently because you are young, refusing to retire, not promoted, or made redundant because of your age)
•impairment/mental disability, or Depression
(Have you been subject to intimidation, ridicule and insult or not allowed to work or given lessor duties because of an injury?, laughed at or ostracized because of your disability or circumstances)
•marital, parental or career status
•family responsibilities, (forced to work nights or weekends or sacked when you are unable to when the employer knows you have to take care of your children or partner)
•temporary absence due to illness or injury(sacked, or moved to lessor duties on returning from work cover, sacked because you have been sick and away for a few days)
•physical features (your weight is commented on, your looks, comments about the outcome of an operation)
•pregnancy (moved to lessor duties or or loss of seniority, sacked, made redundant whilst on maternity leave, no reasonable adjustment of hours on return to the workplace)
•race, national extraction, social origin or colour (comments about your race, colour, sacked because of your nationality or not promoted because of who you are)
•refusing to negotiate, make, sign, extend, vary or terminate an Australian workplace agreement (AWA);
•absence from work during maternity leave or other parental leave
•religious or political beliefs or activity
•sexual orientation; or sexual preference
•the filing of a complaint, or involvement in proceedings, against an employer regarding an alleged breach of the law (complaining against bad OH&S practices to work cover or complaining to wage line about pay or conditions)
•trade union membership or industrial activity (sacked or made redundant because your were the union or OH&S rep or because you were not)
•non-membership of a trade union;
•personal association with someone who has one of these protected characteristics
•Discrimination in hiring practices (did not the job for a discriminatory reason)
•Breastfeeding
•Criminal record

Your self respect tells you not to let your employer or staff get away with it

What's Going On?

There is no doubt the federal government is weakening the employees ability to negotiate in the workplace or to bring claims for unfair dismissal or unlawful dismissal. Just because you have been unfairly or harshly treated in the workplace does not necessarily mean you have discriminated against. Please examine the list provided and see if the way you have been treated in the workplace falls into one of these categories However the government has actually strengthened employees ability to bring unlawful dismissal claims to the various Commissions and tribunal systems throughout Australia.

The employer has a vicarious liability to protect you against discrimination and sexual harassment in the workplace. With the new industrial relations many employers (not all) think they can do just about do anything to its workforce, because of your reduced unfair dismissal rights. People are wrongfully judged, categorized, sexually harassed and treated unequally every day in Australia, rather than being judged on their merits and allowed to go to work and do their job.

Women and Discrimination

Women face limits on promotion in the workplace because of conscious and subconscious sex bias, and continue to experience sexual harassment on the job despite increased employer awareness of an employer’s obligation to take preventive and corrective action.

Pregnant women suffer from discrimination in hiring, promotion, and job performance evaluation because of false assumptions about their ability to work. Women with family responsibilities are disadvantaged by employer insensitivity to the family responsibilities of their employees. Women of color or of foreign nationality are particularly vulnerable to discrimination in the workplace because they face a combination of racial and gender barriers

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