It is unlawful to take adverse action against an employee because of the employee’s:
- race;
- colour;
- sexual preference;
- age;
- physical or mental disability;
- marital status;
- family or carer’s responsibilities;
- pregnancy;
- religion;
- political opinion;
- national extraction; or
- social origin.
In addition to the prohibitions in the Fair Work Act, there is a range of additional anti-discrimination laws at commonwealth and state level which need to be complied with, such as:
- Age Discrimination Act 2004 (Cth);
- Disability Discrimination Act 1992 (Cth);
- Racial Discrimination Act 1975 (Cth);
- Sex Discrimination Act 1984 (Cth); and
- Anti-discrimination Act 1991 (Qld).
Employers also have WH&S obligations to ensure the workplace is free from workplace harassment and bullying.