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A growing number of organisations recognise that flexible work arrangements are vital to the successful recruitment and retention of their employees. Flexible work arrangements can also help employers meet their obligation to avoid discrimination against employees with disabilities, older employees and employees with family responsibilities. Flexible work arrangements can include: changing…

An employer can be liable for acts of discrimination or harassment, including sexual harassment, that occur in the workplace or in connection with a person’s employment. This is called ‘vicarious liability’. It means that employers can be liable for acts by their employees that occur at work-related events, such as conferences, training workshops, business trips and work-related social…

Women experience inequality in many areas of their lives. At work, women face a gender ‘pay gap’ and barriers to leadership roles. Many encounter reduced employment opportunities because of the time they give to family and caring responsibilities. Sexual harassment and gender-based violence also threaten women’s basic right to feel safe and respected at work, in public, in places of study…

Job sharing is a flexible work arrangement where one job is done by more than one person. It can be an option if employees want to work part-time but the job that is available needs to be worked on a full-time basis. Example: One employee works part-time and does the job on Monday and Tuesday and another employee does the same job, also working part-time, on Wednesday, Thursday and Friday…

Offering employees flexible working hours, like other flexible work arrangements, is a way to create a productive workplace that is free of discrimination. In some circumstances, a rule that requires all employees to work certain hours can be indirect discrimination as it may have an unfair effect on some groups of people, such as people with disabilities, women who are pregnant or…

Learn about workplace bullying, legal protections, and employer liability under anti-discrimination laws and the Fair Work Act.

Some people with disabilities may face barriers at work because of some feature of their work situation which could readily be altered. Making these changes is commonly referred to as ‘reasonable adjustments’. Employers can be required by law to make reasonable adjustments to the workplace. Failure to do so may be discrimination. Adjustments should respond to the particular needs of the…

Sex discrimination explained: unequal treatment based on sex, legal protections, and employer obligations.

Caring responsibilities can include caring for young children, for children or adults with disabilities, mental illness, chronic illness, or for older people. Many employees will have caring responsibilities at different times in their lives. Employers have an obligation to avoid discrimination against carers in some circumstances. Under the Sex Discrimination Act, it is against the law for …

It is against the law to discriminate against a person because that person is or has been an immigrant. There are some limited exceptions. Discrimination on the basis of immigrant status occurs when a person is treated less favourably, or not given the same opportunities as others in a similar situation, because of their immigrant status. This does not mean that an employer has to employ…

Discrimination in employment because of a person’s age or disability is against the law in many circumstances. However, it may not be unlawful to refuse to employ a person if, because of their age or disability, they are unable to carry out the inherent requirements – or essential duties – of the job. The inherent requirements of a job will vary depending on what the job is. They may include…

It is against the law for employers to discriminate directly against a person because of their responsibilities to care for a family member. This includes caring for a spouse or de-facto partner, child, grandchild, brother, sister, parent or grandparent. There are some limited exemptions. Discrimination happens when a person is treated less favourably than another person in the same or…

Explore the Australian Human Rights Commission’s guide to disability discrimination laws, covering protections, reasonable adjustments, and positive discrimination.

Indirect discrimination occurs when a seemingly neutral rule or policy disproportionately affects people with specific attributes (e.g. sex, disability). It’s unlawful if based on protected characteristics.

A guide for employers to understand the rights of employees with mental illness.

Employers can be held legally responsible for acts of discrimination or harassment that occur in the workplace or in connection with a person’s employment. This is known as ‘vicarious liability.’ For example, employers can be held vicariously liable for discrimination and harassment that occurs at: employer-sponsored events, such as seminars, conferences and training workshops work-related…

It is against the law to discriminate against a woman because she is pregnant or might become pregnant. Pregnancy discrimination happens when a woman is treated less favourably than another person because she is pregnant or because she may become pregnant. It is also discrimination when there is an unreasonable requirement or practice that is the same for everyone but has an unfair effect on…

Discrimination in employment on the basis of religion occurs when someone does not experience equality of opportunity in employment because of their religion. This may include being refused a job, being dismissed from employment, being denied training opportunities or being harassed at work. Discrimination on the basis of religion alone is not unlawful under federal anti-discrimination law …

Organisations often have rules regarding the appearance of their employees in the workplace. Employers should ensure that any proposed rules that allow or prohibit jewellery to be worn in the workplace do not amount to discrimination. Rules about wearing jewellery could amount to discrimination if they impose different requirements for different groups of people, such as men and women…

Sexual harassment is any unwanted or unwelcome sexual behaviour where a reasonable person would have anticipated the possibility that the person harassed would feel offended, humiliated or intimidated. It has nothing to do with mutual attraction or consensual behaviour. Examples of sexual harassment include: staring, leering or unwelcome touching suggestive comments or jokes unwanted…