Protected attributes

Protected attributes refer to certain personal characteristics that are legally protected to prevent workplace discrimination. These include, but are not limited to, age, gender, race, religion, and social origin. Laws are in place to ensure that people are not treated unfairly in their employment due to these attributes. For example, an employer cannot refuse to hire someone just because of their age or religious beliefs.

The protected attributes under the Fair Work Act

Under the general protections, an employer must not take adverse action against an employee or prospective employee because of their race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer's responsibilities, subjection to family and domestic violence, pregnancy, religion, political opinion, national extraction or social origin. Federal and state anti-discrimination laws protect similar attributes. Action based on the inherent requirements of the job is not unlawful. For example, refusing to promote an employee because she is pregnant is unlawful.

Read our guide to discrimination in the workplace.