Employment Law, Compliance & Worker Rights

What is a Workplace discrimination?

Q: What are the protected attributes under Australian law?

Protected attributes include: race, colour, national origin, sex, pregnancy, marital status, family responsibilities, age , disability , religion, political opinion, sexual orientation, gender identity, and intersex status. Some state laws include additional attributes.

Q: What types of discrimination are prohibited?

Discrimination can be direct (treating someone less favourably because of a protected attribute) or indirect (imposing an unreasonable requirement that disadvantages people with a protected attribute). Both are prohibited.

Q: What must employers do to prevent discrimination?

Employers should: have anti-discrimination policies, provide training, handle complaints properly, make reasonable adjustments for disability, and ensure employment decisions (hiring, promotion, termination) are based on merit, not protected attributes.

Q: What is the difference between Fair Work general protections and discrimination law?

General protections under the Fair Work Act protect against adverse action for workplace rights and discrimination. State/federal anti-discrimination laws provide separate but overlapping protections. Complaints can sometimes be made under either framework.

Q: What are the consequences of workplace discrimination?

Consequences include compensation to the affected person, orders to take or cease certain actions, penalties under the Fair Work Act, damage to reputation, and reduced employee morale and retention.

Updated 20 Jan 2026 • 5 min read

Workplace discrimination occurs when someone is treated less favourably because of a protected attribute such as age, disability, race, sex, pregnancy, religion, or sexual orientation. In Australia, discrimination is prohibited under federal, state, and territory anti-discrimination laws and the Fair Work Act, which provides general protections against adverse action.

Understanding workplace discrimination

Discrimination laws protect people from being treated unfairly because of personal characteristics. Multiple laws apply in Australian workplaces, creating comprehensive protections.

Direct discrimination

Less favourable treatment
Because of protected attribute
Compared to others
In similar circumstances

Indirect discrimination

Requirement or condition
Applied to everyone
Disadvantages a group
Not reasonable in circumstances

Protected attributes

Under Australian law, it is unlawful to discriminate based on these characteristics:

Protected attributes

Race: Colour, descent, national origin, ethnicity

Sex: Including pregnancy, breastfeeding

Age: Young and old workers

Disability: Physical, intellectual, mental

Family: Marital status, family responsibilities

LGBTIQ+: Sexual orientation, gender identity

Religion: Religious beliefs or activities

Other: Political opinion, criminal record (some states)

Discrimination in employment decisions

Discrimination can occur at any stage of employment:

Hiring: Job ads, selection criteria, interview questions
Terms: Pay, conditions, benefits offered
Rostering: Allocation of shifts, hours, duties
Training: Access to development opportunities
Promotion: Criteria and selection processes
Termination: Selection for redundancy or dismissal

Reasonable adjustments for disability

Employers must make reasonable adjustments to enable people with disability to perform their work, unless this would cause unjustifiable hardship. This could include modified duties, flexible hours, assistive technology, or workplace modifications. Refusing to make reasonable adjustments can be discrimination.

Preventing workplace discrimination

Preventive measures

Anti-discrimination policy
Regular training for all staff
Fair recruitment processes
Merit-based decisions

Responding to complaints

Clear complaints process
Prompt investigation
Protection from victimisation
Appropriate action taken

Common discrimination mistakes

Discriminatory interview questions

Asking about age, family plans, health conditions, or other protected attributes during recruitment.

Biased roster allocation

Giving better shifts to certain groups or denying hours based on protected attributes rather than merit or availability.

No reasonable adjustments

Failing to make reasonable workplace adjustments for employees with disability without demonstrating unjustifiable hardship.

Key takeaways

Workplace discrimination based on protected attributes is unlawful. Employers must take proactive steps to prevent discrimination, handle complaints appropriately, and make reasonable adjustments where required.

Fair and transparent rostering supports non-discrimination. RosterElf helps allocate shifts based on availability and skills rather than personal characteristics, with clear records of scheduling decisions.

Frequently asked questions

What are the protected attributes under Australian law?

What types of discrimination are prohibited?

What must employers do to prevent discrimination?

What is the difference between Fair Work general protections and discrimination law?

What are the consequences of workplace discrimination?

Written by

RosterElf Team

The RosterElf team comprises workforce management specialists with deep expertise in Australian employment law, rostering best practices, and payroll compliance. Our team works directly with businesses across hospitality, healthcare, retail, and service industries to develop practical solutions for common workforce challenges.

How to implement in RosterElf

Step-by-step guides to set this up

setup

Create and manage policies in HR Hub

Distribute anti-discrimination policies and track employee acknowledgment.

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Run the policies and procedures report in RosterElf

Monitor compliance with discrimination policy acknowledgments.

Related resources

Explore more guides and definitions

Understanding workplace rights Employee management guide Employee management features Rostering and scheduling Fair Work Act Workplace investigation Unfair dismissal Age discrimination

General information only – not legal advice

This glossary article about workplace discrimination provides general information about Australian employment law and workplace practices. It does not constitute legal, HR, or professional advice and should not be relied on as a substitute for advice specific to your business, workforce, or circumstances.

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