Employment & Workplace Law
Being treated differently at work because of who you are is against the law.
The Fair Work Act 2009 and federal anti-discrimination laws protect employees from adverse treatment based on race, sex, age, disability, pregnancy, religion, national origin, and many other attributes. If your employer has discriminated against you — in hiring, promotion, dismissal, or working conditions — specialist lawyers can help you understand your legal options and take action.
⚠ Discrimination complaints have strict time limits — often 12 to 24 months from the last act — submit your request now.
Does This Sound Like You?
Common situations we help with.
Discriminated against because of age, race, or religion
You have been treated less favourably than colleagues because of your age, racial or ethnic background, or religious beliefs — whether that means being passed over for roles you are qualified for, subjected to offensive remarks, or targeted for redundancy while less qualified staff are retained. These are all protected attributes under the Racial Discrimination Act 1975, Age Discrimination Act 2004, and Fair Work Act 2009.
Passed over for promotion due to pregnancy
You were overlooked for a promotion or a new role, or your contract was not renewed, around the time you announced a pregnancy or returned from parental leave. Pregnancy and potential pregnancy are protected attributes under the Sex Discrimination Act 1984, and adverse treatment connected to pregnancy is one of the most commonly litigated forms of workplace discrimination in Australia.
Denied flexible work arrangements for caring responsibilities
You requested flexible working arrangements because you have caring responsibilities — for children or an elderly or disabled family member — and your employer refused without genuine consideration. From June 2023, the Fair Work Act was amended to require employers to genuinely engage with requests and gives employees who are refused the right to take a dispute to the Fair Work Commission.
Treated differently because of a disability
Your employer has failed to make reasonable adjustments for your disability, refused to accommodate a medical condition, or dismissed you because you can no longer perform every aspect of your previous role. Under the Disability Discrimination Act 1992, employers must make reasonable adjustments unless doing so would impose an unjustifiable hardship — a high bar that many employers wrongly assume they have met.
Discriminatory policies affecting your group
A workplace policy that appears neutral on its face — such as a requirement to work specific hours, maintain a certain appearance, or hold a particular qualification — disproportionately and unjustifiably disadvantages people of your race, religion, sex, or another protected attribute. This is indirect discrimination, and it is just as unlawful as direct discriminatory treatment.
Hostile work environment creating constructive discrimination
Persistent offensive conduct related to your protected attribute — racial slurs, comments about your age, mocking your religion, or excluding you from professional opportunities because of your background — has made your workplace so hostile that you have been or are being forced out. This form of systematic discriminatory treatment can support both a discrimination complaint and a constructive dismissal claim.
How It Works
Navigating discrimination law — multiple forums, one specialist.
Workplace discrimination can be addressed through several bodies depending on the attribute and the conduct. A specialist lawyer will identify the best forum for your circumstances and guide you through the process.
Submit Your Discrimination RequestSubmit your request
Describe what happened — which attribute you believe you were discriminated against on, the conduct involved, and any steps you have already taken internally. Completely confidential.
Free legal assessment
A specialist employment lawyer identifies which protected attributes apply, which legislation covers your situation, and whether to proceed through the AHRC, Fair Work Commission, or a state discrimination tribunal — and advises on the realistic prospects of your claim.
Pursue your complaint
Your lawyer drafts and lodges the complaint, prepares your evidence, represents you in conciliation or tribunal proceedings, and pursues the remedies available — including reinstatement, compensation, and changes to workplace policies.
2023
Positive duty reforms — employers must now actively prevent discrimination, not just respond after the fact
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
No Cap
No statutory cap on compensation in federal discrimination claims — damages reflect the full extent of your loss
Before You Complain
Practical questions about workplace discrimination.
What attributes are protected under the Fair Work Act and federal discrimination laws? +
The Fair Work Act 2009 protects employees from adverse action based on race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction, and social origin. Federal laws add further protections: the Sex Discrimination Act 1984 (sex, pregnancy, breastfeeding, family responsibilities), the Racial Discrimination Act 1975 (race, colour, national or ethnic origin), the Age Discrimination Act 2004, and the Disability Discrimination Act 1992. State laws often provide broader protection — for example, covering attributes such as physical features, gender identity, and lawful sexual activity.
What is the employer's positive duty to prevent discrimination following the 2023 reforms? +
Amendments that took effect in December 2022 (and were enforceable from August 2023) introduced a positive duty under the Sex Discrimination Act requiring employers to take reasonable and proportionate measures to eliminate discrimination, harassment, and related conduct — rather than simply reacting once a complaint is made. The Australian Human Rights Commission gained new powers to assess compliance with this duty, conduct inquiries, and issue compliance notices without requiring an individual to first make a complaint. This fundamentally shifts legal risk onto employers who have failed to put adequate prevention measures in place.
Should I go to the AHRC, Fair Work Commission, or a state tribunal? +
The right forum depends on the nature of the discrimination, the attribute involved, and the remedy you are seeking. The Australian Human Rights Commission (AHRC) handles complaints under federal discrimination laws and offers free conciliation. The Fair Work Commission handles adverse action and general protections claims under the Fair Work Act. State and territory anti-discrimination bodies — such as the Victorian EOHRC, NSW Anti-Discrimination Board, or Queensland Human Rights Commission — can provide faster pathways in some circumstances and cover additional attributes. A lawyer can advise which forum is most appropriate and whether you can run parallel complaints.
What evidence helps a workplace discrimination claim? +
Contemporaneous records are most valuable — emails, messages, meeting notes, or diary entries made at the time of the discriminatory conduct. You should also gather comparator evidence (how colleagues without your protected attribute were treated in similar situations), any written reasons given by the employer for a decision, HR correspondence, performance reviews, and any witnesses to the conduct. Start keeping detailed records as soon as you believe discrimination is occurring, even before you have decided to make a complaint.
What remedies are available in a workplace discrimination claim? +
Remedies in discrimination claims include compensation for economic loss (lost wages, missed promotion), general damages for hurt, humiliation, and distress, reinstatement or employment in the role denied, changes to workplace policies or practices, and a formal apology. Under federal discrimination laws, there is no statutory cap on compensation. Under the Fair Work Act's general protections provisions, courts can also award civil penalties against the employer and its managers. Many cases resolve through conciliation with agreed monetary payments and non-monetary remedies.
How long do I have to make a discrimination complaint? +
Time limits vary. Complaints to the AHRC under federal discrimination laws must generally be lodged within 24 months of the last discriminatory act (with discretion to extend in special circumstances). State bodies typically have shorter limits — often 12 months — and the Fair Work Commission's general protections jurisdiction requires a 21-day application for dismissed employees. Because time limits depend on the forum and the specific conduct, legal advice should be sought as early as possible to preserve all available options.
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