Gender Discrimination Cases in the Workplace

Most gender discrimination cases in Australia never reach a courtroom. A complaint under the Sex Discrimination Act 1984 goes to the Australian Human Rights Commission, which investigates and attempts conciliation. Only if conciliation does not resolve it can the complainant take the matter to the Federal Court or the Federal Circuit and Family Court.

That shapes what employers should prepare for. Conciliation is confidential and outcomes are often practical rather than financial, covering a change to a policy, a reference, training, or a statement of regret. What tends to decide the result is the contemporaneous record. Decisions documented at the time, with reasons, are far more persuasive than an explanation assembled afterwards.

The reforms to the Sex Discrimination Act drove a marked rise in complaints in the employment context, so the volume of matters reaching the Commission has grown. The Australian Human Rights Commission publishes information on how complaints are handled. This is general information rather than legal advice, and any live matter warrants proper advice.

See Sentrient’s equal employment opportunity course, or how the workplace compliance system keeps the training and policy records a matter like this turns on.