Information Sheet - Anti-Discrimination laws and employment
The Human Rights and Equal Opportunity Commission is a national independent statutory organisation established to promote and protect human rights in Australia. One of our main functions is to investigate and conciliate complaints of discrimination lodged under the:
- Racial Discrimination Act
- Sex Discrimination Act
- Disability Discrimination Act
- Age Discrimination Act
Under these laws you can make a complaint to HREOC if you think you have been:
- refused employment
- dismissed
- denied promotion, transfer or other benefits associated with employment
- given less favourable terms or conditions of employment
- denied equal access to training opportunities
because of your:
- race - including colour, descent, national or ethnic origin
- sex - including pregnancy, family responsibilities, marital status and sexual harassment
- disability or medical condition - including temporary and permanent disabilities; physical, intellectual, sensory, psychiatric disabilities, diseases or illnesses; medical conditions; work related injuries; past, present and future disabilities; and association with a person with a disability
- age.
All types of employers and employment relationships are covered, including small business, Commonwealth employees, state government employees (except under the Sex Discrimination Act), private sector, contract workers and commission agents and recruitment and application processes arranged through recruitment and employment agencies.
HREOC is a neutral third party and does not represent the interests of either the person making the complaint or the person or organisation being complained about.
Our role is to investigate and help resolve complaints through a conciliation process. A large number of complaints that are brought to the HREOC are successfully conciliated.
A HREOC officer facilitates the conciliation process and can assist when necessary, with writing up any agreement. Conciliation agreements may include such things as reinstatement to a job, compensation for lost wages, a statement of service or an apology.
If you make a complaint under these laws and the complaint can’t be resolved through conciliation you may choose to pursue the matter in court.
HREOC also investigates and conciliates complaints of discrimination lodged under the Human Rights and Equal Opportunity Commission Act.
Under this law you can make a complaint if you think you have been discriminated against in your employment because of your:
- sexual preference
- religion
- criminal record
- political opinion
- trade union activity.
This law does not have the same enforcement rights as the other laws. If the complaint cannot be conciliated you are not able to take the matter to court. However, HREOC can report the matter to the federal Attorney-General who must table the report in the Parliament.
Where can I find out more?
If you want more information about the anti-discrimination laws and employment or HREOC's complaint handling process you can contact the Commission via the details below:
Post:
Human Rights
and Equal Opportunity Commission
GPO
Box 5218
Sydney NSW 2001
Telephone:
Complaints Info
line: 02 9284 9888 or 1300 656 419 (local call)
TTY: 1800 620 241 (toll free)
Fax: (02) 9284 9611
Online:
E-mail: complaintsinfo@humanrights.gov.au
Web site: www.humanrights.gov.au
If you are deaf or hearing impaired, the Commission can arrange for an Auslan interpreter if this is needed. You can also communicate with us by TTY by calling 1800 620 241.
If you are blind
or visually impaired the Commission can provide on request information
in alternative formats.
Disclaimer: The information on this fact sheet is intended only as a guide. It is not a
substitute for legal advice.
