D

Discrimination

Discrimination is unfair treatment or denial of equal opportunities to an individual based on attributes such as race, colour, sex, sexual orientation, age, disability, marital status, family responsibilities, pregnancy, religion, political opinion, national or social origin, breastfeeding, gender identity, intersex status, or experience of family and domestic violence.

Discrimination in the workplace occurs when an employee is treated less favourably or denied opportunities because of certain characteristics, which can range from their race, gender, and age to their marital status, political beliefs or other protected attributes. This can manifest in hiring, promotions, workload, or the general work environment. It's important to understand that discrimination can be both direct and indirect, and it significantly impacts the fairness and inclusivity of a workplace.

Discrimination laws employers must follow

Employers must comply with the general protections in the Fair Work Act, which prohibit adverse action because of a protected attribute, and with federal and state anti-discrimination laws. Discrimination can be direct, such as refusing to hire someone because they are pregnant, or indirect, such as a rule that applies to everyone but unreasonably disadvantages people with a particular attribute. For example, a requirement that all staff work late evenings may indirectly discriminate against employees with caring responsibilities if it is not reasonable.

Read our guide to discrimination in the workplace, or ask about our HR policies and procedures.

General information only

This content is general information about Australian employment law, current at the date it was last reviewed. It does not take your circumstances into account and is not legal advice. For advice about your situation, call Employment Compass on 1300 144 002.

Last reviewed: October 2026

Explore more terms

Looking for a related term? Browse plain-English definitions of Fair Work and employment law terms and acronyms, or call our 24/7 HR advice line.

Back to Glossary