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Discrimination at work
You must not be discriminated against at work, whether you are a job applicant, an employee, a contractor or a volunteer. For example, an employer cannot:
- use answers to interview questions to discriminate against someone, such as asking women if they are planning a family to avoid employing anyone who may take maternity leave
- refuse to employ someone because of their religion or race
- have unfair employment conditions, such as having an office space that cannot be used by a person in a wheelchair
- refuse or limit access to opportunities for promotion, transfer or other employment benefits because of a personal characteristic
- terminate a person’s employment on a discriminatory ground.
Exceptions
Under Victoria’s Equal Opportunity Act there are exceptions that allow an employer to discriminate in special circumstances. For example, an employer may discriminate against you:
- if it is necessary to protect the health and safety of other workers
- to comply with particular religious beliefs
- if you cannot do the job because of a disability or impairment without making unreasonable changes.
Disability discrimination and employment
If you are complaining about disability discrimination in relation to employment, you need to show that your disability does not stop you doing what the job is essentially about. This does not mean that you have to be able to meet all the requirements of the job, only those that are really essential to the job.
This means discrimination in employment is lawful if you are not able to meet the inherent or genuine and reasonable requirements of the job. For example, an essential part of a telephonist’s job is to be able to communicate by telephone. But it is not an inherent or genuine and reasonable requirement to hold the telephone in the hand.
When you are applying for a job, the employer has a responsibility to tell you what the essential requirements of the job are. See ‘Disability discrimination’ (link below).
Reasonable adjustments
In order to meet the requirements of the job, you might need some adjustments to be made. An employer is not allowed to discriminate against you simply because you need adjustments, but the law may say that they don’t have to make the adjustments in some circumstances.
Under the Commonwealth Disability Discrimination Act, an employer does not have to make the adjustment if it would be an ‘unjustifiable hardship’ for them to do so. Under the Victorian Act, an adjustment does not have to be made if it is unreasonable in the circumstances to expect the adjustment to be made.
Examples of the sorts of adjustments that could reasonably be expected might be:
- providing an enlarged computer screen for an employee with a vision impairment
- lowering a workbench to accommodate an employee who has a wheelchair
- providing alternative assessment methods such as oral exams for a student with difficulty writing or providing study notes in audio formats for a student with a vision impairment.
What you can do
Your employer must to do everything reasonable to make your workplace free from discrimination. If your employer does nothing to stop the discrimination, or you are not happy with their actions, you can take it further.
For more information about state and Commonwealth anti-discrimination laws, contact JobWatch (link below) or Victoria Legal Aid. Depending on which law applies, you can then contact the:
- Victorian Equal Opportunity and Human Rights Commission for advice on your legal options under Victorian law
- Australian Human Rights Commission for complaints under Commonwealth law.
See ‘Complaints about discrimination’ (link below).
If you are victimised because you have complained, you have the right to make another complaint to one of the commissions. See ‘Victimisation’ (link below).
More information
Complaints about discrimination
State and Commonwealth discrimination laws
Related websites
Australian Human Rights Commission
Victorian Equal Opportunity and Human Rights Commission
Fair Work Ombudsman – Discrimination
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s other free legal services include:
- advice at VLA offices and other locations across Victoria
- clinics for anti-discrimination matters.
For some matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.
Who else can help?
Victorian Equal Opportunity and Human Rights Commission
The Victorian Equal Opportunity and Human Rights Commission administers Victoria’s discrimination laws.
The Complaints Advice Line can give you information and advice about making a discrimination complaint. Contact them on 1300 292 153, weekdays 9 am to 5 pm or by emailing enquiries@veohrc.vic.gov.au. Alternatively you can fill in the Online complaint form.
Australian Human Rights Commission
The Australian Human Rights Commission administers Commonwealth discrimination laws.
The Complaints Infoline can give you advice about making a discrimination complaint under Commonwealth law. Contact the infoline on 1300 656 419 (TTY: 1800 620 241) or email complaintsinfo@humanrights.gov.au
Disability Discrimination Legal Service
The Disability Discrimination Legal Service provides free legal advice and assistance to anyone who wants to lodge a complaint about being discriminated against on the grounds of their disability. Contact them on (03) 9654 8644, TTY: (03) 9654 6817 or 1300 882 872 (country callers).JobWatch
JobWatch provides legal assistance to Victorian workers. JobWatch can give you free, confidential telephone information and referrals about work rights. Call them on (03) 9662 1933 or 1800 331 617 (country callers).Fair Work Ombudsman
The Fair Work Ombudsman investigates complaints about discrimination and harassment at work. Contact them on 131 394. If your enquiry is not urgent you can fill in their Email us form.