What is discrimination?
In general terms, discrimination is any practice that makes distinctions between individuals or groups that disadvantage some and advantage others.
Discrimination in the workplace often takes the form of harassment which is unwelcomed, unreciprocated, unsolicited and usually repeated behaviour to intimidate or humiliate the person being targeted.
The Anti-Discrimination Act 1991 (PDF, 785 KB) prohibits discrimination that is:
- on prohibited grounds of discrimination
- a prohibited type of discrimination
- in an area of activity in which discrimination is prohibited.
Prohibited grounds of discrimination
The Anti-Discrimination Act 1991 prohibits discrimination on the basis of the following attributes:
- sex
- relationship status
- pregnancy
- parental status
- breastfeeding
- age
- race
- impairment
- religious belief or religious activity
- political belief or activity
- trade union activity
- lawful sexual activity
- gender identity
- sexuality
- family responsibilities
- association with, or relation to, a person identified on the basis of any of the above attributes.
Prohibited types of discrimination
The Act prohibits the following two types of discrimination:
Direct discrimination means a person with a certain attribute is less favourably treated than another person, without that attribute, in the same circumstance. For example if, R refuses to hire C as an employee because C is pregnant and R expects that C will therefore take a lot of time off and will be less productive.
Indirect discrimination imposes a requirement or a practice that the person with a certain attribute cannot comply with and which is not reasonable. For example, Organisation X has decided to employ managers only on a full-time basis, even though full-time employment is not necessarily required to fulfil the job in a satisfactory manner. The requirement for full-time employment may indirectly discriminate against women, as they are often the primary carers in the family and may therefore not be able to work full-time.
For certain actions to be considered discriminatory, it is not necessary that the person who discriminates considers or is aware that the treatment is less favourable. In addition, the person’s motive for discriminating is irrelevant.
Areas of activity in which discrimination is prohibited
The Act outlines 10 areas in which discrimination is prohibited, including:
- work and work-related areas
- education area
- goods and services area
- superannuation area
- insurance area
- disposition of land area
- accommodation area
- club membership and affairs area
- administration of state laws and programs area
- local government area.
Sections 13 to 23 (Chapter 2, Part 4) of the Anti-Discrimination Act 1991 outlines prohibitions on discrimination in work and work-related areas.
It is not unlawful to discriminate in the work or work-related area if an exemption applies. Sections 24 to 36 (Chapter 2, Part 4) and sections 104 to 113 (Chapter 2, Part 5) of the Anti-Discrimination Act 1991 (PDF, 785 KB) outlines a number of exemptions for discrimination in work and work-related areas.
Last updated July 21, 2009
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