Information on discrimination

Your right to a fair go : Information on discrimination - PDF Format (101KB)

Discrimination

Discrimination is treating someone unfairly because of a personal characteristic and causing them to be disadvantaged as a result. For example refusing to employ someone because of their sex, or serve someone in a shop because of their race.

In Victoria, it is against the law to discriminate against someone because of their actual or assumed:

age
breastfeeding
carer status
disability/impairment
gender identity
industrial activity
lawful sexual activity
marital status
parental status
physical features
political belief or activity
pregnancy
race
religious belief or activity
sex
sexual orientation
personal association with someone who has, or is assumed to have, any of these characteristics.

For more information, ask for a factsheet on individual personal characteristics.

Direct discrimination occurs when someone is treated unfairly and is disadvantaged because of a personal characteristic that is protected under Victorian law.

Indirect discrimination occurs when treating everybody the same way disadvantages someone because of a personal characteristic.

For example, a factory decides all employees who have worked continuously for the past 10 years will get a pay rise. This indirectly discriminates against women, who are more likely to have interrupted their working lives to have and care for children.

Discriminatory requests for information

It is against the law to ask for information about any of these personal characteristics if it could be used in a discriminatory way.

For example, asking someone at a job interview about their age and not giving them the job because of their answer.

Victimisation

It is against the law to victimise a person for making a complaint about discrimination or sexual harassment.

Where does discrimination occur?

Discrimination is against the law when it occurs in public life, not when it is private conduct or a personal opinion. Public areas covered by the law are:

Employment
Goods and services
Education
Accommodation
Clubs - that are on Crown land or receive funding from the Government or a municipal council
Sports
Land sales or transfers
Local government

How to handle discrimination

Step1. Try to resolve the matter informally

If possible, talk to the person who is treating you unfairly, tell them how their behaviour is affecting you, and ask them to stop. If discrimination, sexual harassment or racial or religious vilification is occurring in the workplace you may prefer to talk to your manager or human resources staff if you are uncomfortable speaking directly to the person concerned.

Step 2. Get advice

If you are unable to talk to the person concerned, or if they continue to treat you unfairly, harass or vilify you, contact the Commission. We provide advice over the telephone or in person and can provide a free interpreter.

Step 3. Make a complaint

Our Education and Complaint Officers can help you prepare a written statement of complaint and are available on telephone or in person.

To learn more about the Commission’s complaints, investigation and conciliation process, read the ‘Resolving a complaint’ brochure.

Representative Complaints

Depending on the nature of your issue, you may:

lodge a complaint yourself
have a person lodge a complaint on your behalf, if that person has also experienced the same type of discrimination
have an organisation lodge a complaint on your behalf, if that organisation has sufficient interest in the complaint.

The Education and Complaints Officer will advise you which of these options are available to you.