We can investigate cases of discrimination in the workplace that occur between an employer and an employee in specific circumstances.

We can only investigate cases of discrimination where an employer has taken adverse action against an employee (or prospective employee), because of one of the specific attributes outlined below.

Attributes

Under the Fair Work Act 2009, an employer must not take ‘adverse action’ against any employee or prospective employee, because of their:

• race
• colour
• sex
• sexual preference
• age
• physical or mental disability
• marital status
• family or carer’s responsibilities
• pregnancy
• religion
• political opinion
• national extraction
• social origin.

What is ‘adverse action’?

The following are all examples of adverse action when taken because of any of the above attributes:

• dismissing an employee
• damaging an employee’s ability to do their job
• changing an employee’s job to their disadvantage
• treating one employee differently from other employees
• refusing to employ a potential employee
• not offering a potential employee all the terms and conditions normally in a job.

Where else to go for help

There are other agencies that can help you for other types of discrimination you may be facing at work, such as bullying. We have a list available on this site at Where else to go for help.