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Discrimination

Everyone deserves to be treated with dignity and respect at work. If you have been treated unfairly because of who you are, what you believe, or because you exercised a workplace right, you may have legal protections available.

At Solidarity Solicitors, we provide strategic, trauma-informed advice and representation for workers experiencing discrimination and other unlawful workplace conduct. We understand that these experiences can have a profound impact on your wellbeing, career, and financial security, and we work alongside our clients to achieve practical and meaningful outcomes.

What is Discrimination

Workplace discrimination occurs when a person is treated less favourably because of a protected attribute.

Protected attributes include:

  • Sex or gender

  • Pregnancy or breastfeeding

  • Family or carer's responsibilities

  • Race, ethnicity or national origin

  • Disability or impairment

  • Age

  • Sexual orientation

  • Gender identity or intersex status

  • Religion

  • Political opinion

  • Industrial activity or union membership

  • Other characteristics protected under anti-discrimination laws

Discrimination can occur at any stage of employment, including recruitment, promotion, training, performance management, disciplinary processes, or termination.

Examples of workplace discrimination may include:

  • Being dismissed, demoted, or overlooked for promotion because of a protected attribute

  • Being denied training, opportunities, or workplace benefits

  • Being subjected to less favourable working conditions

  • Harassment, bullying, or exclusion linked to a protected attribute

  • A failure to provide reasonable adjustments for a worker with a disability

Employers have obligations under Victorian and federal law to prevent discrimination and provide a workplace free from unlawful discrimination and harassment.

Adverse Action and General Protections

The Fair Work Act provides broad protections for workers through the general protections regime.

It is unlawful for an employer to take adverse action against a worker because they:

  • Made a complaint or inquiry about their employment

  • Raised workplace health and safety concerns

  • Exercised a workplace right

  • Participated in union or industrial activity

  • Possess a protected attribute

  • Accessed personal leave, parental leave, or other workplace entitlements

Adverse action can take many forms, including:

  • Dismissal

  • Demotion

  • Reduction of hours

  • Disciplinary action

  • Refusal of employment

  • Denial of opportunities or benefits

  • Threats or other unfavourable treatment

Many workers are surprised to learn that workplace laws protect them when they speak up about unsafe conditions, unpaid entitlements, discrimination, or breaches of workplace laws.

Time Limits Apply

Strict time limits can apply to discrimination and adverse action claims, particularly where employment has ended.

In some circumstances, workers may have as little as 21 days to commence certain legal processes following dismissal. Seeking advice as early as possible can help preserve your rights and options.

How We Can Help

We regularly assist workers with:

  • Workplace discrimination claims

  • Adverse action and general protections disputes

  • Union and industrial activity protections

  • Disability discrimination and reasonable adjustments

  • Pregnancy and parental leave discrimination

  • Sexual harassment and victimisation

  • Complaints to the Fair Work Commission, Australian Human Rights Commission, and Victorian Equal Opportunity and Human Rights Commission

  • Negotiated workplace outcomes and compensation claims

If you believe you have experienced discrimination or adverse action at work, contact Solidarity Solicitors for confidential advice about your rights and options.