Discrimination and Harassment
Discrimination
Discrimination is treating a person less favorably because they have certain attributes or are assumed to have these attributes. It is unlawful to discriminate against someone on the basis of
- Gender
- Age
- Martial status
- Sexual preference
- Pregnancy
- Race or ethnic group
- Disability
- Family responsibility
- Political or religious beliefs
Persons suffering discrimination in employment may be able to lodge a claim in the Human Rights and Equal Opportunity Commission or the Equal Opportunity Commission. However, these Commissions have very restricted powers and a judicial forum will deal with serious cases.
Harassment
It is unlawful for an employee to be harassed on the basis of
- Sex
- Pregnancy
- Race
- Age
- Religion
- Marital status
- Family responsibility
- Disability
Each of the following forms of behavior may be harassment:
- Material that is racist, sexist, sexually explicit, homophobic, etc and is displayed in the workplace, circulated, or put on a computer, fax machine or internet;
- Verbal abuse or comments that put someone down or stereotype someone because of their sex, pregnancy, marital status, race, sexuality, disability or age.
- Gestures that are sexually or racially offensive;
- Ignoring, isolating or segregating a person or group because of their sex, race, etc;
- Staring or leering in a sexual manner;
- Sexual or physical contact, such as slapping, kissing or touching;
- Intrusive questions about sexual activity;
- Sexual assault;
- Unwelcome wolf whistling;
- Repeated sexual invitations when the person invited has refused similar invitations before; and
- Jokes based on gender, pregnancy, race, marital status, sexuality, disability or age.
Harassment can occur over a period of time, but in some instances a single act may be enough to amount to harassment.