It’s unfair, but is it discrimination?

We get a lot of inquiries from people who wonder if  unfair treatment they have received amounts to discrimination.

You may have been treated unfairly, but it will only come within the legal definition of discrimination if:

• It is in an area of activity covered by discrimination laws, and
• It is because of an attribute covered by discrimination laws.

In Queensland

• The areas covered by discrimination law are: work, buying goods and services, accommodation, government services, education and health.
• The attributes covered are: sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or activity, political belief or activity, trade union activity, lawful sexual activity, gender identity, sexuality and family responsibilities.
• Sexual harassment is also against the law.

Discrimination can be:

• Direct – you are treated less favourably than someone else, or
• Indirect – a requirement is imposed which you cannot comply with.

There are exemptions for some areas, because the law of discrimination tries to find a balance between the rights of individuals.  So for example, if you are employing someone in your to babysit your children at home, you are exempt from discrimination laws.

The Anti Discrimination Commission Queensland and the Australian Human Rights Commission both publish some great resources about discrimination and are the bodies you can make a complaint to if you think you have been discriminated against.

We are always happy to help with:

• Legal Diagnosis if you want an opinion about whether something that has happened to you could amount to discrimination, or
• Legal Advice – Discrimination often overlaps with other legal rights, particularly in the area of employment, so getting legal advice at an early stage is a good idea in these circumstances
• Legal Task Help if you want help to frame your complaint or support for any steps in the dispute resolution process.