Workplace Discrimination: Employer Responsibilities and Practical Prevention

The legal framework

Discrimination is prohibited under federal Acts (Sex, Race, Age, Disability) and state/territory equivalents, plus the Fair Work Act's general protections. Protected attributes include sex, race, age, disability, pregnancy, religion, sexual orientation, gender identity, marital status, family responsibilities, political opinion, and more.

Direct vs indirect discrimination

• Direct: treating someone less favourably because of a protected attribute.
• Indirect: applying a rule that disadvantages a protected group and isn't reasonable in the circumstances (e.g., requiring all staff to work Saturdays without considering carers).

Vicarious liability

Employers are liable for unlawful acts of their employees done in connection with employment, unless the employer took all reasonable steps to prevent them. "All reasonable steps" is a high bar.

A "reasonable steps" program

1. Policy: plain-English anti-discrimination, bullying, and sexual harassment policy.
2. Training: at induction and annually for all staff, with extra training for managers.
3. Complaint channels: at least two routes (manager and an independent option).
4. Investigation procedure: documented, timely, and impartial.
5. No retaliation: explicit protection for complainants.
6. Tone from the top: visible leadership commitment.

The positive duty (sexual harassment)

Under the recent Respect@Work reforms, employers have a positive duty to eliminate, as far as possible, sex discrimination, sexual harassment, sex-based harassment, hostile workplace environments, and victimisation. The AHRC can investigate compliance proactively.

Action checklist

• Update policies for the positive duty.
• Run training that targets bystanders, not only victims.
• Audit recruitment for indirect discrimination.
• Track complaints, outcomes, and time-to-resolution as KPIs.