I’m being discriminated against at work….what can I do?

This material is designed and intended to provide general information in summary form on legal topics, current at the time of publication, for general informational purposes only. This is not legal advice.

What is discrimination?

Under federal and South Australian laws, discrimination is when someone treats you unfairly or unfavourably because of your:

• Sex
• Sexual orientation
• Gender identity
• Race, colour, national or social origin
• Disability (physical and/or mental)
• Age
• Marital status
• Pregnancy
• Family or caring responsibilities
• Religious appearance or dress
• Experiencing family and domestic violence

If you suspect that you’re being discriminated against at work, below is a guide to steps you can take.

Time limits to make legal claims vary from 21 days to 2 years. It is important to get legal advice as soon as possible.

#1: Look after yourself and get support

• Speak to and get support from your family and friends or a counsellor
• If the discrimination is affecting your physical or psychological health, go to your doctor
• Once you’re able, organise your thoughts by journaling and putting together a timeline of events

#2: Know your legal rights 

• It is unlawful to discriminate against someone at work
• You have a right to a safe workplace that is free from discrimination
• Depending on your situation, you may be entitled to legal outcomes, including compensation
• Get legal advice from your union or the Working Women’s Centre SA

Potential legal pathways after getting legal advice 

Equal Opportunity SA (EOSA)

• If the discrimination happened in the last 12 months (i.e. 1 year)
• Relevant law is Equal Opportunity Act 1984 (SA)
• Timeframe for conciliation – 2 to 6 months

Fair Work Commission (FWC)

• If you have been discriminated against by being dismissed from your job, then you will only have 21 days to make a FWC dismissal claim
• Relevant law is Fair Work Act 2009 (Cth)
• Timeframe for conciliation – 4 to 6 weeks

Australian Human Rights Commission (AHRC)

• If the discrimination happened in the last 24 months (i.e. 2 years), but can apply later in some circumstances
• Relevant laws include Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Disability Discrimination Act 1992 (Cth), Age Discrimination Act 2004 (Cth)
• Timeframe for conciliation – 6 to 12 months