Discrimination Law
Workplace Discrimination in Australia: Your Rights and How to Make a Complaint
Last updated: June 2026
What Is Workplace Discrimination?
Workplace discrimination occurs when an employer treats you less favourably, or imposes a condition that disadvantages you, because of a protected attribute. Australian law covers both:
- Direct discrimination: treating you worse because of an attribute
- Indirect discrimination: a neutral policy that disproportionately disadvantages people with an attribute
Protected Attributes Under Federal Law
| Attribute | Legislation |
|---|---|
| Sex, pregnancy, breastfeeding | Sex Discrimination Act 1984 |
| Race, colour, national origin | Racial Discrimination Act 1975 |
| Disability | Disability Discrimination Act 1992 |
| Age | Age Discrimination Act 2004 |
| Sexual orientation, gender identity, intersex status | Sex Discrimination Act 1984 |
State and territory laws add further attributes: marital status, family responsibilities, religion, political opinion, and criminal record (varies by state).
Where Discrimination Can Occur
- Recruitment and selection
- Pay and employment conditions
- Promotions and training
- Redundancy selection
- Dismissal
- Workplace culture (harassment, hostile environment)
Sexual Harassment and the Positive Duty
Sexual harassment is unlawful in work contexts. Since 2022, employers have a positive duty to take reasonable and proportionate steps to eliminate sexual harassment proactively — not just respond after complaints.
How to Make a Complaint
- Consider raising the issue internally (HR or management) first
- Lodge a complaint with the Australian Human Rights Commission (AHRC) — free and confidential
- AHRC attempts conciliation between the parties
- If conciliation fails, you can apply to the Federal Court for a hearing
Alternatively, lodge with your state's anti-discrimination body (e.g., NSW Anti-Discrimination Board, Victorian Equal Opportunity and Human Rights Commission).
Time Limits
- Federal complaints to the AHRC: 2 years from the discriminatory act
- State schemes have their own time limits, often 12 months
Key Points
- Both direct and indirect discrimination are covered
- Federal law protects sex, race, disability, age, and sexual orientation
- Lodge with the AHRC within 2 years (state bodies often have 12-month limits)
- The AHRC process is free and confidential
- Employers have a positive duty to prevent sexual harassment