Discrimination, Harassment and Bullying

Federal and State legislation makes it unlawful to discriminate against persons including employees on certain grounds.  Those grounds include:

• Sex and gender, including sexual harassment, sexual orientation, gender identity and intersex status;
• Race, colour, religion, political opinion, national extraction or social origin;
• Age;
• Physical or mental disability, including injury and illness; and
• Pregnancy, breastfeeding, marital status and family/carer’s responsibilities.

Employees who are discriminated against may pursue claims against their employers in either the Fair Work Commission, the Australian Human Rights Commission or the NSW Anti-discrimination Tribunal.

In addition to the above, some workers may be subject to bullying in the workplace which does not fall within the above areas of discrimination but may still be unreasonable behaviour or is a risk to health and safety for which an employer may be liable. 

Employers need to take steps to ensure that they have the correct policies and procedures in place to avoid claims made against them for discrimination/harassment and bullying.  Haywards can assist in putting those procedures in place. 

Haywards Solicitors can also assist you through, and if necessary defend proceedings, if an employee makes a claim or complaint about discrimination or bullying.  

Contact us on 9283 7222 if you would like to take advice about discrimination/harassment or bullying.