Types Of Discrimination

The types of discrimination recognised in Australian law come down to two categories, direct and indirect, and the second is where well-run organisations come unstuck.

Direct is treating a person less favourably because of a protected attribute. The comparison is with someone in similar circumstances who does not have that attribute. Intent is not required, only the reason for the treatment.

Indirect is applying a condition or requirement that looks neutral, that a higher proportion of people with a protected attribute cannot comply with, and that is not reasonable in the circumstances. All three limbs have to be there.

The third limb is the one to focus on. Reasonableness weighs the disadvantage caused against the reason for the requirement and whether a less restrictive alternative existed. So a rule that genuinely reflects what the role needs will usually stand. A rule that reflects how the work has always been organised often will not.

The Australian Human Rights Commission handles complaints under the federal Acts. This is general information rather than legal advice.

See Sentrient’s equal employment opportunity course and workplace compliance courses.