Employment Lawyers › Workplace Discrimination
Workplace Discrimination Lawyers — Protected. By Law.
Discrimination in employment on the basis of age, sex, disability, race, pregnancy, religion, or sexual orientation is unlawful under federal and state law. Whether you were refused a job, denied a promotion, targeted at work, or dismissed because of a protected attribute — you have legal rights. Time limits vary by jurisdiction. Get advice before they expire.
⚠ Federal discrimination complaints must be lodged with the AHRC within 24 months. State bodies often have shorter limits — as little as 12 months. Get advice on your time limit now.
What We Help With
Workplace discrimination — every protected attribute covered.
Discrimination takes many forms — from overt refusal to hire, to subtle exclusion from opportunities, to a hostile workplace that amounts to indirect discrimination. A lawyer assesses your situation against both federal and state law to identify the strongest pathway.
Sex & Gender Discrimination
Including pregnancy discrimination (one of the most common forms of workplace discrimination), discrimination based on family responsibilities, and gender identity discrimination under the Sex Discrimination Act 1984.
Disability Discrimination
Failure to make reasonable adjustments for a disability, dismissal related to illness or injury, and refusal to hire based on a physical or mental health condition — under the Disability Discrimination Act 1992.
Age Discrimination
Targeted redundancies of older workers, exclusion from training and promotion based on age, and hiring practices that discriminate against older or younger workers — under the Age Discrimination Act 2004.
Race & Ethnic Discrimination
Discrimination, harassment, or vilification based on race, colour, descent, national origin, or ethnic background — under the Racial Discrimination Act 1975 and state anti-discrimination laws.
Sexual Harassment
Unwanted sexual conduct in the workplace — now covered under the Sex Discrimination Act following the Respect@Work reforms, with positive duty on employers to prevent sexual harassment. Complaints can be made to the AHRC or State Commissions.
Pregnancy & Parental Leave Discrimination
Restructured out of your role while on parental leave, returned to a different position, or penalised for requesting flexible work after having a child — some of the most litigated forms of workplace discrimination.
What the Law Says
The federal and state discrimination framework — and how to use it.
Anti-discrimination law operates on two tracks in Australia — federal legislation enforced through the AHRC and state/territory legislation enforced through state commissions and tribunals. The right pathway depends on the protected attribute and the remedy you are seeking.
Federal anti-discrimination legislation
Four key federal Acts prohibit discrimination in employment: the Sex Discrimination Act 1984 (sex, pregnancy, breastfeeding, sexual orientation, gender identity, marital status, family responsibilities, sexual harassment); the Racial Discrimination Act 1975 (race, colour, descent, national origin, ethnicity); the Disability Discrimination Act 1992 (physical, intellectual, psychiatric, sensory disability and associated carers); and the Age Discrimination Act 2004 (age in employment decisions). Complaints under these Acts are lodged with the Australian Human Rights Commission (AHRC).
State and territory anti-discrimination laws
Each state and territory has its own anti-discrimination legislation that often covers additional protected attributes (such as irrelevant criminal record, social origin, or political opinion). State complaints go to state-based bodies — Equal Opportunity Commission (WA, SA, VIC), Anti-Discrimination Commission (QLD, NT, TAS), NSW Civil and Administrative Tribunal (NCAT), or ACT Human Rights Commission. State time limits are typically shorter than federal limits — often 12 months.
Direct and indirect discrimination — what each means
Direct discrimination is treating someone less favourably because of a protected attribute (refusing to promote a pregnant employee). Indirect discrimination is applying a condition or requirement that disproportionately disadvantages people with a protected attribute and cannot be reasonably justified (requiring all staff to work Saturdays, which disproportionately affects those with particular religious practices). Both forms are unlawful — indirect discrimination can be harder to identify but is equally actionable.
The AHRC complaint process
A federal complaint is lodged with the AHRC, which investigates and then attempts conciliation between the parties. Most federal discrimination complaints that proceed settle at the conciliation stage — AHRC conciliation is free and confidential. If conciliation fails, the complainant can apply to the Federal Circuit and Family Court. Court proceedings are more formal, expensive, and time-consuming — but can produce more substantial remedies including uncapped compensation and declarations.
Reasonable adjustments — the employer's obligation
For disability discrimination, employers are required to make reasonable adjustments to allow a person with a disability to perform the inherent requirements of a job — unless doing so would impose unjustifiable hardship. "Reasonable adjustment" is broadly defined and may include flexible hours, modified workstation, altered duties, or assistive technology. Failure to make a reasonable adjustment is itself a form of discrimination. What is "reasonable" depends on the employer's size, resources, and the specific adjustment requested.
Positive duty — employers must actively prevent discrimination
Following the Respect@Work reforms (2022), employers now have a positive duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate sexual harassment, discrimination, and victimisation in the workplace. This duty is proactive — employers cannot simply respond to complaints; they must implement preventative measures. The AHRC has enforcement powers over the positive duty obligation, including the ability to conduct investigations and seek court orders.
How It Works
One request. The right discrimination lawyer.
Describe what happened, the protected attribute involved, and your state. An employment lawyer will contact you for a free consultation before any time limit expires.
Submit Your RequestDescribe the discrimination
Tell us what happened, the protected attribute involved (disability, pregnancy, age, etc.), your state, and when the conduct occurred.
Matched to an employment lawyer
Your request is matched to a lawyer experienced in workplace discrimination — federal AHRC complaints, state commission matters, and Federal Court proceedings.
Free consultation arranged
An employment lawyer contacts you for a free consultation — advising on the applicable legislation, the complaint pathway, and the time limit that applies to your situation.
Common Questions
Workplace discrimination — frequently asked questions.
Do I have to prove the employer intended to discriminate?
No — most discrimination law does not require proof of intent. Direct discrimination can occur even where the employer had no discriminatory motive, if the effect of their conduct was to treat you less favourably because of a protected attribute. Indirect discrimination never requires intent. What matters is the effect of the employer's conduct — not their subjective reason for it.
I was made redundant while on parental leave — is this discrimination?
Potentially yes. Restructuring an employee out of their role while they are on parental leave, or returning them to a substantively different position, can constitute discrimination on the basis of pregnancy or family responsibilities. The Fair Work Act also provides specific protections for employees on parental leave — including the right to return to the pre-leave position. A lawyer can assess whether the redundancy was genuine or was triggered by the parental leave.
Can I claim discrimination if I'm still employed?
Yes — discrimination law applies to all employment decisions, not just dismissal. Being passed over for promotion, excluded from opportunities, denied training, given unfavourable rosters, or subjected to a hostile work environment can all constitute discrimination. A non-dismissal discrimination complaint can be lodged while you remain employed — and can be combined with a general protections claim in appropriate cases.