An introduction to equal opportunity laws

Employers must comply with equal opportunity laws which apply at the federal level and in all states and territories in Australia. Each jurisdiction prohibits discrimination in every aspect of work, including recruitment, terms and conditions of employment, discipline, promotion, transfer, training and termination. Most equal opportunity legislation covers both persons engaged under a contract of service (employees) and persons engaged under a contract for services (independent contractors), although not necessarily to the same extent.

Discrimination classically involves treating someone unfavourably because of an attribute, ie, their age, race or sexuality, though that discrimination can also arise indirectly from what appears to be equal treatment. For example, a requirement which applies equally to a group of people may have a disproportionate effect on persons within that group who have an attribute — eg, a requirement to attend 8:00 AM meetings in the workplace may have a more negative effect on employees who have caring responsibilities.

Not all forms of discrimination are against the law. Discrimination will only be unlawful if it is based on a proscribed attribute set out in Federal or State equal opportunity legislation. There are also some limited exemptions to the prohibition on unlawful discrimination contained in each Act.

See An introduction to equal opportunity laws.