Discrimination and Harassment

Increasingly there are complicated laws about discrimination and harassment in the workplace, and dealing with them can often result in cases involving workplace discrimination lawyers.

 

Every discrimination and harassment lawyer begins with an appreciation of the difference between the two.

 

Discrimination is making a distinction between people on the basis of class or category without regard to their individual merit.

 

Is any form of unwanted behaviour that puts down, offends or intimidates another person. It usually occurs over a period of time, but in some cases a single act may be enough to amount to harassment and involve an employment lawyer.

 

If a person is excluded from a job on the grounds that they are too old, that’s discrimination. If someone at work graffitis a person's locker with words like ‘old idiot’, that’s harassment.

 

The Fair Work Australia Act provides protection to employees from what is called “adverse action” by employers on the grounds of discrimination. This action could include not only dismissing the employee, but also injuring their reputation and downgrading their position.

 

Definitions in this are often broad and it takes an employment discrimination lawyer to get the right definition and help prepare claims.