Discrimination in Employment

When is discrimination unlawful?

Not all discrimination is against the law. The legislation is very specific. The Anti-Discrimination Act 1991 says that it is against the law to discriminate against people in particular circumstances, including when they:

apply for a job or try to get into a course
work, whether it be full-time, part-time, casual, temporary or voluntary
attend schools, colleges, universities or other educational institutions
buy things in shops, hotels, cafes, restaurants, cinemas etc
seek or use services from legal, medical and other professionals, businesses and trades people
rent a house, flat or apartment, hotel or motel room, caravan, office or shop
purchase land or property
apply for credit or a loan
join, visit or use the services of a profit-making club or similar organisation
deal with banks, superannuation or insurance companies
seek or use the services of state or local governments

Particular exemptions mean that not all forms of discrimination are against the law in all circumstances. These exemptions are further explained later.

Case study

In a matter heard at the Anti-Discrimination Tribunal (McRostie v Boral Resources Qld Pty Ltd [1999] QADT 4) a woman had been discriminated against at work on the basis of her gender. It was found that the employer had treated Ms McRostie less favourably by paying her less than male colleagues, and awarded her $5,960 as loss of wages. The Tribunal also found that she was not given the same opportunities as men in the workplace, including relieving in more senior positions. Ms McRostie was awarded the sum of $7,500 by way of general damages to compensate her for her hurt and humiliation.

index of Discrimination in Employment