Every employee deserves the right to work in an environment free from discrimination, reflecting the universal demand for safe and respectful workplaces. Every employee has the right to be treated fairly, equitably, and with respect, and no one has the right to discriminate against an employee on any basis. Employment discrimination refers to an act in which an employee is mistreated based on age, sex, race, sexual orientation, handicap, marital status, political viewpoint, pregnancy, and all these factors that may cause stress and impact an individual’s well-being.
Maintaining a discrimination-free workplace is getting harder but still essential since discrimination, unfair treatment, and harsh behaviour harm employees’ mental health, productivity, and well-being and increase stress. A business should have strong objectives under which any candidate is not allowed to engage in any harmful acts against anyone. According to Australian federal anti-discrimination laws, it is illegal to be treated less favourably than others based on personal attributes rather than abilities. Therefore, identifying what is going wrong and developing a plan of action to overcome it is vital to preventing the damage it can cause to employees, the workplace, and the business’s reputation.
Common Types Of Employment Discrimination
Discrimination can be indirect or direct, intentional or unintentional. It can come in the form of jokes or offhand comments, which might get swiped off by you or go unnoticed. Or, it can be in the form of significant and severe actions from the perpetrator which might affect you. The below discrimination types and examples show some discrimination based on protected attributes that can occur in the workplace.
1. Age Discrimination
Age discrimination can occur when an individual is treated less favourably or not given
the same opportunity as others because they are considered too young or too old. This type of discrimination affects many facets of life, especially the workplace, where people may be passed over for job openings, training programmes, or promotions based only on their age. According to Age Discrimination Act 2004 (ADA), discrimination based on age is prohibited. It can be young or older workers alike.
Example 1- David is a young, 19-year-old boy who has applied for a position in an accounting firm. He has excellent grades and freelancing experience too but gets passed over. When he asked the reason for his being passed, in response to his question, HR said, ‘We want people who have a stable mind and not young men who might move on to another job quickly.’
Example 2 – John is a 44-year-old man who had a successful career in strategy and business development and applied for a higher position, which he qualifies very well for. But he saw the company hire someone with less experience and skills. When he asked the management, they replied that they wanted the youth with fresh minds and new ideas to take over the department and take business development up a notch.
2. Sex Discrimination
According to the Sex Discrimination Act 1984 (SDA), discrimination based on sex involves denying the same opportunity to a person because of their sex, marital or relationship status, pregnancy or potential pregnancy, breastfeeding, gender identity, family responsibilities, sexual orientation, and intersex status. This act also prohibits sexual harassment. Since sex discrimination can be based on several things, let us understand what factors can pose risks so that we can take reasonable steps to surf through it smoothly and protectively.
a) Pregnancy – The Sex Discrimination Law prohibits any discrimination or adverse treatment with a job application or an employee because of childbirth, pregnancy, or other pregnancy-related conditions. Example: Mia is four months pregnant. After working for twelve years in a marketing firm, she applied for a senior position in her company. Although her experience and skills were considerably more remarkable than those of the other applicants, she was passed over. Upon asking the manager for a reason for the pass, he explained, ‘I need someone who can work dedicatedly for the position.
b) Marital/ Relationship Status – Marriage or relationship status cannot be used as a basis for discrimination according to the Sex Discrimination Act. Relationship status includes married, single, divorced, a widow in a de facto relationship, never married, or a same-sex relationship. Even if there is a practice or policy that is the same for everyone but affects every person differently then it is also discrimination. Example: If a company allows married employees to work from home or offers them leave to visit their families, it can be a disadvantage for single people or people in de facto relationships.
c) Carers – Caring responsibilities can include caring for a disabled person, children, people with chronic illnesses, or older people. If a person is differentiated in their workplace based on their caring responsibilities, they can take action against their employer. Discrimination based on caring responsibility is illegal under the Sex Discrimination Act and Disability Discrimination Act. Example: Olivia, who recently became a mother, requires a hybrid working system because she wants to take care of her baby. But, the request was disapproved and came with a warning that read, ‘You must work dedicatedly from the office full time, or you can take care of your responsibilities.’ If you have been a victim of discrimination and want to report it to get justice, you can seek help to promote gender equality.
d) Sexual Orientation – Discrimination based on gender identity, sexual orientation, or intersex status is unlawful under the Sex Discrimination Act. Example 1: Jack works in a restaurant. His colleagues recently found out he is gay and started calling him a princess and inciting him differently, which disconcerts him. Example 2: Noah did not get a promotion to a higher level because he is bisexual. Example 3: If a company policy is offering benefits to William’s wife or Amelia’s husband, like a travel discount coupon or gym package, not provided to employees with same-sex partners, it is creating a disadvantage for them based on their sexual orientation, which is illegal.
3. Disability Discrimination
According to the Disability Discrimination Act, it is against the law to discriminate a person based on their disability. The disability discrimination act covers permanent and temporary disabilities, including physical, intellectual, neurological, sensory, and medical conditions. While there may be much to be achieved to fully realise the human rights of people with disabilities in the Australian context, the Convention on the Rights of Persons with Disabilities (CRPD). To prevent discrimination based on disability, the CRPD is working to ensure and promote the full realisation and understanding of all fundamental freedoms and human rights for people with disabilities.
Example 1: Discrimination occurs when someone with partial colour blindness is still passed over for the job, even though it does not affect their ability to perform the job.
Example 2: If premises do not have wheelchair accessibility, which restricts the person’s ability to enter the company premises, the situation is termed discrimination.
Example 3: When the hearing test revealed that the applicant had less than 70% of the ability to hear, the employer rescinded the offer of employment offered to the applicant for the accountant role.
4. Racial Discrimination
According to the Racial Discrimination Act 1975 (RDA), it is unjust to discriminate against a person because of their race, descent, colour, national origin or ethnic origin, or immigrant status. Racial discrimination can take many forms, including calling them by nationality, race, colour, making jokes, name-calling, verbal abuses, harassment or intimidation, or doing anything that inflames hostility against an individual or a particular racial group. Unfavourable treatment can result in racial discrimination.
Example 1: Displaying racial hatred posts in the workplace.
Example 2: Not accepting the application of a person of another nationality and instead appointing other people in their place with fewer skills and abilities.
Example 3: A lady applied for the customer service position but got rejected because she had an Indian accent.
5. Bullying
When other coworkers of the organisation do insensible activities, conduct, or make use of words desired to insult the other worker, then it comes under workplace bullying. It can include interrupting the work of other employees, inappropriately interfering in their work, or advancing offensive, intimidating, or mocking comments or actions continuously. Any act of bullying, including yelling, screaming, or using offensive language linked to protected characteristics, including sex, age, race, or disability, is termed unlawful under federal anti-discrimination laws and the Fair Work Act 2009 (Cth).
Example 1: Rayan was bisexual. After his colleagues learned of this, they began referring to him by different names and excluded him from the group.
Example 2: John was a newbie in the company with an experience of one year. Since he was adjusting to the work environment and dealing with clients, it took him a while to get comfortable. He took a bit longer than other team members, his colleagues bullied him, and he had an intellectual disability.
6. Boundaries in Workplace Relationships
It is human nature to get attracted and develop a relationship in the workplace. But any incident leading to sexual harassment will be unlawful. Even if two individuals are involved in a consensual sexual relationship, it does not mean it cannot lead to any sexual harassment. Sexual harassment can occur even when two people are in a consensual relationship. If an employee refuses to do a sexual favour to their boss while dating them in the workplace, the employer may treat them less favourably and discriminate against them.
Example: If a boss and an employee were involved in intercourse on seven occasions. However, the boss tried to get engaged on such an occasion when the employee was not in favour of getting engaged, but the boss still spent time sending explicit messages, and gifts of a sexual nature and attempted to touch abruptly without consent; it is seen as sexual harassment.
Efforts To Reduce Employment Discrimination
Discrimination is a harmful offence! But this is preventable! Before job discrimination becomes an issue and takes a significant negative turn, employers may reduce it by taking the necessary actions. Since it is the employer’s prime duty to protect the welfare and safety of their employees, here are some of the ways that you can choose to stop discrimination.
- Make workplace policies on discrimination and educate your employees on the same.
- Train your employee on how to identify and respond to discrimination in the workplace.
- Encourage your employees to respect and cooperate.
- Appoint a capable team to take care of complaints related to discrimination.
- Train your employees to report any complaints or evidence of indifferent behaviour.
- Make rules to deal with complaints of discrimination confidentially, on time, and promptly.
- Train your superiors to react and respond in an acceptable way to discrimination in the workplace.
- Make sure you enforce workplace discrimination policies properly.
- Review and revise your policies in intervals to maintain their efficiency and effectiveness.
Steps to Take If You Face Discrimination
Here are some of the steps that you can take if you face any kind of discrimination in your workplace.
1. Review Your Employer’s Anti-Discriminatory Policies
The purpose of an employer’s anti-discriminatory policy is to ensure that every employee gets respect for their unique attributes and does not get excluded, bullied, or harassed in any way. Those co-workers or employers who commit discrimination, harassment, or cause victimisation through unlawful actions, such as stereotypical biases or comments, will have to face some consequences. It is essential to review these policies to stay informed and set expectations.
2. Discuss It With Your Employer
Before pursuing any direct legal action, it’s essential to discuss your concerns with your employer. Most organisations have established complaint procedures or designated harassment contact officers who are prepared to address and resolve workplace harassment issues. Consulting with these professionals can often lead to a swift resolution, minimising the need for external intervention.
3. Document Your Experience
Document everything you experienced because the details of what you went through will be fresh in your mind shortly after the incident. Make sure to note each detail, including who was involved, what happened, how things got accelerated, what they did, where it happened, and your reactions to the incident. Documenting your experience will ensure you do not miss out on any details later when filing a complaint or discussing it with your employer.
4. Request a Copy of Reports or Action Plans
Once you document your experience, you should discuss the entire case with the employer or the concerned authority so that you get to know what the organisation is planning for you. You can request a copy of the report or action plan that they would be taking in your case. After getting a report from the organisation, it will be clear what the organisation has planned for your case.
5. File a Complaint with the Australian Human Rights Commission (If Necessary)
If you think the situation is serious and the employer or expert at your organisation is not able to handle the entire situation, then in such cases you should file a complaint with the Australian Human Rights Commission. You can use the data that you have documented so that you have points to prove your point. Once you submit all the details, you can wait for the Australian Human Rights Commission to respond to you.
Conclusion
In order to encourage equality and transparency among employers and employees in the workplace, it is essential to understand the various types of job discrimination that anyone can face. Both employees and employers must develop a work environment where everyone is treated fairly and with respect and everyone contributes to dealing with these challenges. Awareness and proactive actions are essential in an organisation in order to stop discrimination and make sure that everyone has the chance to achieve based on their skills and merits rather than experiencing unfair treatment.
Frequently Asked Questions
We need to stop discrimination because it promotes inequality, affects public attitudes, deteriorates the culture, and affects people’s opportunities. Discrimination should end, regardless of beliefs, caste, sex, religion, colour, age, health, and sexual orientation, and we should actively work towards leaving no one behind to grow equality.
When an employee is discriminated against, they take the following steps:
- Talk to the employer regarding the situation.
- Document the experience in detail.
- Review the anti-discriminatory policies to know their rights and what they can expect.
- Stay in touch with HR or the employer to know the progress of the complaint filed.
- They take the help of the Australian Human Rights Commission, which has self-help tools to know their rights and lodge a complaint.
- Take to the employment law attorney to know their options.
When people are discriminated against, it affects their overall life. It affects them in a range of ways, such as lower self-esteem, poorer mental health conditions, higher anger, fears related to small things, sadness, embarrassment, a sense of alienation, and staying less and less engaged with people.
Discrimination is prejudicial and unjust treatment against a person based on their caste, religion, sex, gender, and other protected characteristics. Where harassment includes indifferent behaviour against someone, abusive and demeaning behaviour can include insulting jokes, humiliating someone through indifferent behaviour, and passing comments or taunts on an individual’s personal beliefs, race, religion, caste, or sex.
Any demeaning or abusive behaviour is considered harassment which can include the following:
- Cracking insulting jokes specific to a particular racial group.
- Continuous and repetitive use of offensive words that might affect a particular person or a group of people.
- Epithets or name-calling
- Unwanted physical or verbal assault
- Creating, sharing, or repeating a rumour against someone
- Unwanted sexual behaviour, advances, conduct, like deliberate touching or cornering, waving hands on a body part, massaging shoulder, letters or calls of sexual nature, sexual looks or gestures, and more.
The significant causes of discrimination are retaliation, disability, sex, sexual orientation, race, religion, and more. It is not a secret that discrimination exists in society and workplaces, but it can be contained if strict policies are made, circulated, and followed appropriately.
