Unlawful workplace behaviour
Grounds for unlawful discrimination under various legislation can be summarised as follows:
- Race, colour, descent or national or ethnic origin;
- Sex;
- Marital status;
- Pregnancy or potential pregnancy;
- Family responsibilities;
- Disability;
- People with disabilities in possession of palliative or therapeutic devices or auxiliary aids;
- People with disabilities accompanied by an interpreter, reader, assistant or carer;
- A person with a disability accompanied by a guide dog or an ‘assistance animal’; and
- Age.
Also falling within the definition of ‘unlawful discrimination’ is:
- Offensive behaviour based on racial hatred;
- Sexual harassment; and
- Harassment of people with disabilities.
In addition, every state has its own anti-discrimination law that provides a platform for different grounds.
Certain behaviours can constitute unlawful workplace behaviour including harassment, discrimination, bullying and victimisation.
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This does not constitute advice from DCA. If you would like further assistance on this issue contact Di Banks, Partner, Gilbert + Tobin on dbanks@gtlaw.com.au.
