Workplace discrimination can be a deeply distressing experience. Whether it’s based on race, gender, age, disability, religion, or another protected characteristic, discrimination undermines a fair and respectful work environment. It’s not just unfair—it’s unlawful under Australian law. Knowing how to respond effectively can empower you to protect your rights and pursue a resolution.
In this guide, we’ll explore the steps you can take if you encounter workplace discrimination, offering practical advice to help you navigate this challenging situation with confidence and professionalism.
Recognising Workplace Discrimination
Workplace discrimination occurs when an individual is treated unfairly or disadvantaged due to characteristics protected under Australian law. This can include:
- Being denied opportunities for promotion, training, or fair pay.
- Exclusion from projects or meetings based on personal attributes.
- Harassment or offensive comments related to protected characteristics.
- Unjust termination that appears discriminatory.
In severe cases, discrimination can create conditions so intolerable that an employee feels compelled to resign—a scenario known as constructive dismissal. This occurs when an employer’s actions or inactions force an employee to leave their role, effectively treating it as a dismissal.
Step 1: Identify and Document the Discrimination
The first step in addressing workplace discrimination is to identify and document specific incidents. Having a clear record strengthens your case and provides essential details for later discussions. Be sure to:
- Record Incidents: Note the date, time, location, and description of discriminatory acts.
- Save Evidence: Keep relevant emails, messages, or documents that demonstrate unfair treatment.
- Identify Witnesses: If colleagues observed the behaviour, note their names and any statements they’ve made.
This evidence will help you establish a pattern of discriminatory conduct, making it easier to articulate your concerns.
Step 2: Review Your Workplace Policies
Most workplaces have policies addressing discrimination, harassment, and bullying. Familiarise yourself with your organisation’s grievance procedures and code of conduct to understand the steps your employer is expected to take when addressing discrimination.
Look for details such as:
- How to lodge a formal complaint.
- The process for investigations and mediation.
- Support services available, such as counselling or employee assistance programs.
Understanding these policies ensures you follow the correct procedures and hold your employer accountable for their commitments.
Step 3: Raise the Issue Informally
In some cases, addressing the matter informally can resolve the issue quickly and amicably. Consider speaking directly to the individual involved or your immediate supervisor. When raising the issue:
- Be Calm and Professional: Focus on the behaviour, not the person, and explain how it has affected you.
- Use Specific Examples: Refer to documented incidents to support your concerns.
- Propose Solutions: Suggest ways to improve the situation, such as adjustments to work processes or training sessions.
This approach may help clarify misunderstandings or prompt the offending party to change their behaviour.
Step 4: Lodge a Formal Complaint
If informal discussions don’t resolve the issue, the next step is to file a formal complaint. This involves notifying your employer, often through the HR department, about the discriminatory behaviour. When lodging a complaint:
- Be Detailed: Include all relevant information, such as dates, descriptions, and supporting evidence.
- State Desired Outcomes: Specify what you’re seeking, whether it’s an apology, policy changes, or disciplinary action.
- Keep Copies: Retain a copy of your complaint and all related correspondence for your records.
Formal complaints demonstrate that you’re serious about addressing the issue and create a record of your actions.
Step 5: Participate in the Investigation
Your employer is legally required to investigate claims of workplace discrimination. Be prepared to participate in this process by providing evidence, answering questions, and cooperating with investigators. Tips for navigating the investigation include:
- Stay Honest and Consistent: Stick to the facts and avoid exaggerating or omitting details.
- Be Patient: Investigations can take time, so remain professional and focus on your work.
- Request Updates: Ask for regular updates to ensure the investigation is progressing.
A thorough investigation should result in fair outcomes and appropriate actions to address the discrimination.
Step 6: Seek External Support if Necessary
If your employer fails to take your complaint seriously or the issue persists, external support can provide additional avenues for resolution. Options include:
- Fair Work Commission: Lodge a general protections claim or seek assistance with workplace bullying and discrimination disputes.
- Australian Human Rights Commission (AHRC): File a complaint under anti-discrimination laws.
- Legal Advice: Consult an employment lawyer to understand your rights and potential remedies.
External support ensures your case is handled impartially and gives you access to resources beyond your workplace.
Step 7: Know Your Legal Rights
Australian law protects employees from workplace discrimination under various legislation, including:
- Fair Work Act 2009: Prohibits adverse action, such as demotion or dismissal, due to protected attributes.
- Anti-Discrimination Acts: These vary by state or territory but generally address issues like sexual harassment and racial discrimination.
- Workplace Gender Equality Act 2012: Promotes gender equality in the workplace.
Understanding these laws empowers you to advocate for your rights and identify potential breaches.
Step 8: Focus on Your Wellbeing
Experiencing discrimination can take a toll on your mental and physical health. Prioritising self-care and seeking support can help you cope during this challenging time. Strategies include:
- Talk to Trusted People: Share your concerns with friends, family, or supportive colleagues.
- Access Counselling Services: Use employee assistance programs or external counsellors to manage stress and emotions.
- Practice Self-Care: Engage in activities that promote relaxation and resilience, such as exercise, mindfulness, or hobbies.
Taking care of yourself ensures you remain strong and focused while addressing the discrimination.
Step 9: Plan for the Future
If the issue cannot be resolved and the workplace remains toxic, it may be time to consider alternative options. This could involve transferring to another department or seeking a new role outside the organisation. Before making a decision:
- Assess Your Priorities: Reflect on what you need from your workplace to feel valued and respected.
- Update Your Resume: Highlight your achievements and skills to prepare for new opportunities.
- Seek Career Advice: Consult mentors or career counsellors to explore your options.
Moving on from a discriminatory environment can lead to better opportunities and a healthier professional life.
Final Thoughts: Taking a Stand for Fairness
Encountering workplace discrimination is a challenging and often emotional experience, but it’s important to remember that you’re not alone. Australian laws and workplace policies are designed to protect you, and resources are available to help you address the situation.
By recognising discrimination, documenting incidents, and following the appropriate steps, you can advocate for your rights and work towards a fair resolution. Whether through informal discussions, formal complaints, or external support, taking action demonstrates your commitment to a respectful and inclusive workplace.