What is workplace discrimination and what to do if you think you are a victim

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Every two years, the Diversity Council of Australia publishes the Inclusion@Work Index, a study that maps inclusion and harassment and discrimination across the Australian workforce.  The next Index is being released in December this year.  But what is workplace discrimination exactly? 


Unlawful workplace discrimination occurs when an employer takes adverse action against a person because of certain attributes of the person – such as race, age, sexual orientation, pregnancy or religion. 


It can include full time, part-time and casual employees, probationary employees, apprentices and trainees, and individuals employed for fixed periods of time. 


Patrick Turner is a Brisbane based Senior Associate specialising in Employment and Industrial Law at Maurice Blackburn Lawyers.   


He says adverse action is a legal term and can refer to actions such as sacking someone; ‘injuring them in their employment; and altering their position to their prejudice, which is unlawful if taken for particular reasons.   


"For example, reducing someone's pay, demoting someone, issuing them with a warning. All those sorts of things might be injuring someone in their employment or altering their position to their prejudice. It also includes discriminating between employees.  Adverse action can also include threatening to take adverse action."

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