Discrimination in Employment and Occupation
What is discrimination in employment?
Discrimination occurs when someone makes a distinction, exclusion or preference that removes or restricts a person’s equality of opportunity in employment because of their race, age, criminal record, sexual preference or another ground specified by law.
This includes denying someone a job or employment-related registration, dismissing someone from employment, denying training opportunities and harassing someone at work.
Do you think you have been discriminated against in the context of employment? See our Complaints page for information on how to make a complaint to HREOC.
What does international law say about discrimination in employment?
Discrimination in employment is prohibited by the International Labour Organisation Convention 111 (ILO 111), which was ratified by Australia in 1973. Under this Convention, the government is required to eliminate employment-related discrimination on the grounds of:
- race
- colour
- sex
- religion
- political opinion
- national extraction and
- social origin.
Parties to the Convention are permitted to add grounds for their own domestic purposes. In 1989 Australia added the following grounds:
- age
- medical record
- criminal record
- impairment
- marital status
- mental, intellectual or psychiatric disability
- nationality
- physical disability
- sexual preference and
- trade union activity.
The International Covenant on Civil and Political Rights (ICCPR) also prohibits discrimination before the law on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (article 26).
What does Australian law say about discrimination in employment?
ILO 111 is scheduled to the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the HREOCA). It is the only federal anti-discrimination legislation which prohibits discrimination based on religion, sexual preference, criminal record and trade union activity.
Other federal laws cover discrimination in employment on the grounds of:
- race, colour, nationality or national extraction – the Racial Discrimination Act 1975 (Cth)
- sex, marital status, pregnancy and family responsibilities – the Sex Discrimination Act 1984 (Cth)
- all forms of disability and medical record – the Disability Discrimination Act 1992 (Cth)
- age – the Age Discrimination Act 2004 (Cth).
All Australian employers are bound by the employment discrimination provisions in the HREOCA.
What can I do if I have been discriminated against at work?
For information about lodging a complaint of discrimination in employment and occupation under the HREOCA, visit our Complaints Information section.
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 discrimination has taken place – then we can prepare a report of the complaint, including recommendations for action, for the federal Attorney General. The report must be tabled in Parliament.
Click here to access a full list of reports to the Attorney-General made under the HREOCA regarding discrimination in employment and occupation.
