Workplace Discrimination & Harassment

Anti-Discrimination Framework & Protected Attributes

The Australian legal framework prohibits discrimination in employment on a wide range of protected attributes. Under the Anti-Discrimination Act 1991 (Qld), protected attributes include sex, relationship status, pregnancy, parental status, age, race, impairment, religious belief, political belief, trade union activity, gender identity, sexuality, family responsibilities, and association with a person identified on these grounds. Commonwealth legislation provides similar protections. We advise employers on ensuring that recruitment, employment terms, training, promotion, performance management, and termination decisions do not discriminate. Our advice covers both direct and indirect discrimination and the exemptions available including genuine occupational requirements.

Sexual Harassment & Respect@Work Framework

The Respect@Work framework has fundamentally reshaped employers' obligations in preventing and responding to sexual harassment. The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 introduced a positive duty on employers to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination, and victimisation. We advise on discharging this duty through effective policies, regular training, workplace risk assessments, safe reporting mechanisms, and monitoring of prevention measures. The Australian Human Rights Commission can enforce the positive duty through inquiries and compliance notices. Stop sexual harassment orders are available from both the AHRC and the Fair Work Commission.

Workplace Bullying & Stop Bullying Orders

Workplace bullying is a significant issue addressed through the stop bullying jurisdiction in the Fair Work Commission. Under section 789FC of the Fair Work Act, a worker who reasonably believes they have been bullied at work can apply for an order to stop the bullying. The Commission can make any order it considers appropriate to prevent the worker from being bullied. We advise workers on making applications and employers on minimising the risk of applications through effective anti-bullying policies and complaint handling procedures. We also advise on managing psychosocial risks under the Work Health and Safety Act 2011 (Qld).

Investigations, Complaints & Regulatory Proceedings

When allegations of discrimination, harassment, or bullying arise, employers must respond appropriately. We advise on management of complaints, selection of investigators, development of terms of reference, collection of evidence, conduct of interviews, and preparation of investigation reports. We represent clients in proceedings before the Queensland Human Rights Commission, including complaint lodgement, investigation, compulsory conferences, and referral to QCAT. We also represent clients in the Australian Human Rights Commission and in subsequent Federal Court proceedings if complaints are not resolved.

Workplace Discrimination & Harassment FAQs (Queensland Law)