Discrimination in Employment
Employment
The Equal Opportunity Act covers a wide range of employment situations from traditional employment relationships to independent contractor arrangements. Under the Act employment is defined to include:
- Employment under a contract of service, whether or not under an Australian Workplace Agreement, certified agreement, enterprise bargaining agreement, employment agreement or award within the meaning of the Workplace Relations Act 1996 (Cwlth)
- Employment under the Public Sector Management and Employment Act 1998 (Vic) or under a statuatory appointment
- Engagement under a contract for services
- Work that is remunerated wholly or partly on commission
Employment does not include work carried out on a voluntary or unpaid basis.
Discrimination in employment
If it is based on one of the personal characteristic protected by the Equal Opportunity Act, discrimination in employment may include:
- advertisements
- interview questions
- refusing to employ someone
- setting unfair terms of employment
- denying access to a training program
- refusing or limiting access to opportunities for promotion, transfer or other employment benefits
- dismissal or other termination of employment
Exceptions
Under the Equal Opportunity Act there are exceptions that allow an employer to discriminate in some circumstances. For example it is not against the law to discriminate in the following circumstances:
- If the discrimination is necessary to comply with religious beliefs or principles
- If the discrimination is necessary to protect health or safety
- If discrimination is on the basis of sex and it is a genuine occupational requirement that employees be of a particular sex (for example fitting clothes or body searching)
- If discrimination is necessary for authenticity or credibility in relation to dramatic or artistic performance, entertainment, photographic or modelling work
- When deciding who should be employed to provide domestic or personal services in your own home
- In the provision of welfare services, where those services would be most effectively provided by someone with a particular attribute (for example, a Latvian welfare organisation may limit employment to people from a Latvian background)
- When offering employment to family members (if you are the owner of the business)
- If recruiting for a business of fewer than five people
- On the basis of impairment, if it would be unreasonable to provide the services or facilities that someone with an impairment might need in order to do the job
- If the discrimination is necessary to comply with another law
