Practice Area Overview:

Every person employed in Australia is entitled to a work environment that is free from discrimination. If you have suffered discrimination in the workplace or during your employment, we will fight to protect your legal rights. 

It is the employer’s responsibility to prevent discrimination in the workplace from occurring. Unfortunately, this is not always the case and many employees find themselves being treated less favourably in the workplace because of a particular attribute they have. Often these attributes are something people cannot change. This behaviour may not only affect a person’s health and wellbeing but may also lead to performance issues in their role.

Unlawful workplace discrimination occurs when an employer takes adverse action against a person who is an employee or prospective employee because of the following protected attributes of the person:

  • race 
  • gender 
  • age 
  • physical or mental disability 
  • marital status 
  • family or carer’s responsibilities 
  • pregnancy 
  • religion 
  • political opinion 
  • national extraction or social origin 

Adverse action can include action that is unlawful if it is taken for a discriminatory reason. The Fair Work Act 2009 (Cth) provides adverse actions as including: 

  • dismissing an employee;
  • injuring an employee in their employment;
  • altering an employee’s position to their detriment;
  • discriminating between one employee and other employees;
  • refusing to employ a prospective employee; or
  • discriminating against a prospective employee on the terms and conditions in the offer of employment.

Pursuing a claim for discrimination is multi-faceted and can be dealt with by several dispute resolution bodies. This may include the Fair Work Commission, Victorian Equal Opportunity and Human Rights Commission or the Victorian Civil and Administrative Tribunal.

Contact Pace & Associates Lawyers to schedule an obligation free consultation with our team. 


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