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Employment Discrimination Solicitors - Compensation Claims
Helpline
Australian employment discrimination claim law is contained in legislation passed by the Government of Australia which operates nationally on a federal basis and covers race, sex, age and disability. In employment related matters it is unlawful to treat one individual differently to another individual on the basis of sex, race, age or disability. Employment discrimination claims are dealt with by the Australian Human Rights Commission which can order reinstatement or can award damages :-
- Age Discrimination Act 2004
This employment discrimination legislation makes it unlawful for employers to discriminate on the basis of age and applies to all employees of any age. Unlawful age discrimination can be direct or indirect.
- Sex Discrimination Act 1984
Unlawful behaviour under this employment discrimination law and under associated legislation including the Sex Discrimination Amendment (Pregnancy and Work) Act 2003 arises when a person is treated differently to another person on the basis of sex, marital status, pregnancy or potential pregnancy. Such unlawful behaviour can be either direct or obvious or can occur indirectly on a more subtle basis.
- Racial Discrimination Act 1975
A claim arises for employment discrimination under this legislation if a person is treated differently on the basis race, colour, descent or national or ethnic origin. The law applies to employment, seeking employment, training, promotion, equal pay and conditions of employment. In addition the Race Hatred Act 1995 makes offensive behaviour based on racial hatred or racial vilification unlawful.
- Disability Discrimination Act 1992
A mainstay of all employment discrimination law is to ensure that all employees have equal opportunities in the workplace. This statute makes it unlawful to discriminate on the basis of physical disability or mental disability and requires employers to take reasonable steps to accommodate those with disabilities.
Race Discrimination
Racial discrimination compensation claims are dealt with using existing legislation passed by the Australian parliament that applies nationally in all states and territories of Australia. The Acts makes racial discrimination unlawful and replaces all similar state and territory law. Racial discrimination compensation claims are considered by the Australian Human Rights Commission which administers the RDA. It does not matter whether or not the offending party intended to cause offence or not. If the aggrieved party was subjected to behaviour that they found to be offensive and discriminatory then that behaviour can potentially be used to ground a racial discrimination compensation claim. Typically this behaviour involves a number of incidents however just one serious incident is sufficient to take legal action.
Race Discrimination Act 1975
A racial discrimination claim regarding employment law arises under the RDA when a person of either sex is treated less favourable than they might otherwise have been treated on the basis of race, colour, descent or national or ethnic origin. The statute applies to actual employment, seeking employment, training, promotion, equal pay or conditions of employment and applies equally to both sexes and those of all ages.
Race Hatred Act 1975
In addition to the RDA a racial discrimination claim solicitor can also take action under the Race Hatred Act 1995 which extends coverage of the RDA and prohibits offensive behaviour based on racial hatred or vilification.
Sex Discrimination
Sexual discrimination is dealt with under the Sex Discrimination Act 1984 which is legislation passed by the Parliament of Australia and applies in all states and territories. In regards to employment matters the legislation, in conjunction with the Sex Discrimination Amendment (Pregnancy and Work) Act 2003 prohibits discrimination on the basis of sex, marital status, pregnancy or potential pregnancy. These statutes override legislation previously passed in individual states and territories.
Human Rights Commission
Sexual discrimination compensation claims are dealt with by solicitors upon application to the Australian Human Rights Commission which will consider allegations of sex discrimination including dismissal of employees with family responsibilities. The act also seeks to eliminate sexual harassment in areas within an employment context.
Direct & Indirect
Sexual discrimination falls into two distinct categories being either direct or indirect. This behaviour is direct if the employer treats a person differently because of the persons sex and indirect when an employer denies equal opportunity by devising unfair obstacles such as requiring that all applicants are 6 feet tall. There are however incidents where positive sexual discrimination may be considered reasonable and even desirable by most members of the public such as a public toilet attendant.
Age Discrimination
In employment matters by reason of the Age Discrimination Act 2004 which applies throughout Australia, it is unlawful to discriminate against a person on the basis of age, subject to certain exemptions under the act. Complaints about age discrimination can be made to the Australian Human Rights Commission. This legislation which is wide reaching and complex replaces all local state and territory law that previously existed.
There are over 6 million people living in Australia who are over the age of 50 which represents almost a third of the total population. This segment of society continues to grow due to advances in medical science and it is this age group that is most likely to suffer from age discrimination although this is also a recognised problem for those not long out of full time education. Our specialist solicitors deal with age discrimination compensation claims and may be able to use the no win no fee scheme in suitable cases. If you would like legal advice from an age discrimination solicitor just email our offices complete the contact form or use the helpline.
Our solicitors deal with age discrimination compensation claims which may be due to either direct discrimination or a subtle indirect version. Direct discrimination is straightforward and obvious and includes blatant advertising for employees within a particular age group. The indirect problem occurs when obstacles are placed in the way of employees that are more easily satisfied by those within a particular age group, although there may be acceptable and positive reasons to include or exclude those of a particular age group dependent on the requirements of a particular job. As an example an employer may impose a physical fitness test that could only be accomplished by younger applicants thereby prejudicing older applicants.
Disability Discrimination
The Disability Discrimination Act 1992 is a statute passed by the Parliament of Australia and applies in all states and territories superseding any previous local legislation. The Act gives legal rights to those suffering from physical disabilities or mental disabilities within the sphere of employment. Disability discrimination compensation claims made by solicitors under this act are dealt with by the Australian Human Rights Commission.
Our disability discrimination compensation claim solicitors are qualified to provide expert guidance on employment matters. We offer specialist advice on your legal rights. If you would like to speak to an expert lawyer about a potential disability discrimination claim just email our offices, call the helpline or complete the contact form.
The intention of the act is to grant those with disabilities both fair treatment and the right to equal employment opportunities. Under the act disabled people have statutory protection from unfair treatment because they suffer from a mental or physical impairment. The definition within the act covers a wide range of conditions which may have permanent or long term effects. The statute includes a requirement for employers to make reasonable structural changes to business premises to accommodate the needs of the disabled.
Employers can violate the requirements of the Disability Discrimination Act 1992 if they treat disabled employees differently to other employees or if they fail to make reasonable accommodation for the needs of those with physical or mental disabilities. Our disability discrimination compensation claim solicitors are more than willing to consider an application to the Australian Human Rights Commission on a no win no fee basis.
Specialist Solicitors
Our specialist lawyers deal with claims under employment discrimination law and in appropriate cases will be able to offer the no win no fee scheme. If you would like legal advice about employment discrimination compensation claims, just send the contact form, email our offices or use the helpline and an expert will speak to you on the phone.
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