Complaints about discrimination in employment and occupation
You can make a
complaint if you have been treated unfairly at
work.
This could include being refused a
job, being dismissed from employment, being denied training opportunities,
missing out on a promotion or receiving less favourable working conditions or
terms of employment.
Discrimination in
employment on the basis of sex, pregnancy, marital status and family
responsibilities is covered under the Sex Discrimination
Act . Other
federal laws provide protection against discrimination because of your age, disability and medical
record and race.
In
addition, the Human Rights and Equal Opportunity Commission Act (HREOCA) allows
you to make a complaint about unfair treatment, discrimination, harassment or
bullying in employment because of your:
- criminal record
- trade union activity
- sexual preference
- religion
- political opinion.
The HREOCA covers
discrimination in employment and occupation in both the private and public
sectors. Here are some examples of the complaints we receive:
Fatimah applied for a job in a retail outlet. During the interview the employer asked whether she was Muslim and would need ‘time off for prayers’. Fatimah did not get the job and believes it was because if her religion.
Louise is an organiser for the workplace union. She has been told she will not get any more overtime because she put up notices about a union meeting at work.
Richard applied for a job in a call centre but was unsuccessful after a criminal record check showed he had a conviction for drink driving six months ago.
Bill says his workmates call him
‘queenie’ at work and talk in a ‘camp’ tone around him
because they found out he is a same sex relationship.
Complaints lodged under the HREOCA
can be investigated and, if appropriate, resolved through conciliation. If
conciliation is unsuccessful or inappropriate – and if HREOC finds that
you have been discriminated against – then we can prepare a report of the
complaint, including recommendations for action, for the Attorney General. The
report must be tabled in Parliament.
It
is important to note that discrimination under the HREOCA is not unlawful
– instead, it is regarded as unfair conduct. Unlike the other
anti-discrimination laws that HREOC administers, you can not apply to have your
complaint heard in court if conciliation is
unsuccessful.
Information about making a
complaint is available in our plain
language Guide to
Discrimination in Employment and Occupation under the
HREOCA
Find
out more:
- Information for complainants under the HREOCA
- Information for respondents under the HREOCA
- Guide to Conciliation
- HREOCA reports tabled in federal Parliament.
Contact us
For more information, contact the
Complaints Infoline on 1300 656 419 (local call) or 02 9284 9888.
You can also send us an email at complaintsinfo@humanrights.gov.au.
