Types Of Discrimination And Harassment In The Workplace

Knowing the types of discrimination and harassment in the workplace is most useful at the moment a complaint arrives, because the classification decides the process.

Four questions sort almost everything.

• Is it about a decision or about conduct? Decisions point to discrimination, conduct points to harassment.
• Is a protected attribute involved? If yes, anti-discrimination law applies and the bar for the employer rises.
• Is it sexual in nature? If yes, the positive duty applies and mediation is not appropriate.
• Is there a criminal element? Physical contact or threats may need police, not an internal investigation first.

Getting this wrong at intake is expensive to correct later. Running a sexual harassment complaint as an ordinary workplace dispute is the most common misclassification and the most costly one to defend afterwards.

The Australian Human Rights Commission covers the categories. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s EEO training course and course for managers.