Information Sheet -
Complaints about Discrimination in employment and occupation under the Australian Human Rights Commission Act
Have you ...
- been refused a job because of your criminal record?
- been dismissed from employment because of your sexual preference, real or assumed?
- been denied the same training opportunities or work conditions as other employees because of your religious faith?
- been denied promotion because of your trade union activities?
If the answer is yes, the Australian Human Rights Commission Act 1986 may be able to help you.
What does the Act do?
The Act provides protection for people who have suffered discrimination in employment and occupation. It covers private and public sector employment.
What is discrimination in employment and occupation?
Under the Act a person suffers discrimination in employment and occupation if she or he has been:
- refused a job
- dismissed from employment
- denied training opportunities
- denied promotion
- subjected to less favourable working conditions or terms of employment
because of one or more of the following grounds
- religion
- political opinion
- sexual preference - heterosexual, homosexual
or bi-sexual
- social origin
- trade union activity
- criminal record.
It is also against the law to discriminate in employment and occupation on the following grounds, although remedies may exist under other federal laws:
- race, nationality, national extraction or colour - Racial Discrimination Act 1975
- sex, pregnancy, marital status or family responsibilities - Sex Discrimination Act 1984
- impairment or disability - actual or imputed, medical record - Disability Discrimination Act 1992
Are all types of discrimination covered by this Act?
No. The Act is very specific.
No matter how unfair the discrimination may seem you must have suffered
discrimination because of one or more of the grounds listed above to make a
complaint to the Australian Human Rights Commission.
We cannot deal
with your complaint if, for example, you felt you were being treated unfairly
because of a personality conflict between you and another person within the
workplace.
What about job requirements?
Most jobs require
you to have certain skills, qualifications or experience so that you can
undertake the work competently or safely. It is not discrimination if you do not
get a job or a promotion because you do not have the necessary skills,
qualifications or experience required for the job.
Employers should choose the best
person for the job. They should make this decision based on a person’s
ability to perform the essential or ‘inherent’ requirements of the
job. An employer can only refuse to employ a person on the basis of criminal
record if it is clear that because of the criminal record the person will be
unable to perform the essential requirements of the
job.
What can I do if someone discriminates against me?
You may want to deal with the
discrimination yourself by raising it directly with the people concerned. If
this does not resolve the situation, you or someone else on your behalf, - such
as a solicitor or trade union – can make a complaint to the Commission.
It
does not cost anything to make a complaint to the Commission.
Your complaint needs to be put in
writing. If you are not able to put your complaint in writing, we can help you
with this. The Commission also has a complaint form to help you make a complaint, or you
can lodge a complaint by email or online through our website
The complaint should say what
happened, when and where it happened and who was
involved.
Find out more:
- Information for people making complaints
- Information for people and organisations responding to complaints
- Information about conciliation
- AHRC Act reports tabled in federal Parliament
- Suppression Orders under AHRC Act
Complaints Process Flowchart - Brief overview of the Complaint Process
Where can I find out more?
The Commission's contact details:
Post:
Australian Human Rights
Commission
GPO
Box 5218
Sydney NSW 2001
Telephone:
Complaints Info
line: 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.
Disclaimer: The information on this fact sheet is intended only as a guide. It is not a substitute for legal advice.
