4 J U LY 2 0 1 3

Anti-Discrimination

Law

The information provided in this session is for information purposes only.

It must not be relied on as legal advice.

You should seek legal advice about your own particular circumstances.

WHAT IS THE HUNTER COMMUNITY LEGAL CENTRE?

The Hunter Community Legal Centre (HCLC) is an independent, not for profit, community legal centre funded by the State and Federal Governments.

HCLC provides free legal advice and assistance to disadvantaged people who live, work or study in the Newcastle, Lake Macquarie, Port Stephens, Great Lakes and Hunter Valley regions of New South Wales.

You can call HCLC for free legal advice on 4040 9120 at the following times:

Monday: 10.00 am – 12.00 noonWednesday: 2.00 pm – 4.00 pm

Friday: 10.00 am – 12 noon

AIMS FOR TODAY

• What is discrimination?

• What is vilification?

• What can I do if I am being discriminated against?

• Who can help me?

WHAT

IS

DISCRIM

INAT

ION?

UNLAWFUL DISCRIMINATION

• Not all unfair treatment is against the law.

• Discrimination is only unlawful if it occurs on certain GROUNDS (like race or sex) and in certain AREAS (like at work)

• There are both State and Federal laws which prohibit unlawful discrimination unlawful.

WHAT ARE THE GROUNDS?

• Race• Sex• Disability• Family /carers

responsibilities• Age• Pregnancy /

breastfeeding

WHAT ARE THE AREAS?

• Employment• Education• Accommodation• Clubs & associations• Goods & services• Access to public places

GROUND + AREA =

DISCRIMINATION

DIRECT V INDIRECT DISCRIMINATION

Indirect discrimination:

An employer makes a rule that workers must not wear hats or any other headwear at work.

This rule does not appear to be discriminatory on the face of it.

However, it may have a disproportionate impact on some people (e.g. Sikh men who wear turbans or Muslim women who wear hijabs).

Direct discrimination:

A real estate refuses to rent a house to someone because of their ethnic

background.

DISCRIMINATION BASED ON RACE

Racial discrimination is when a person is treated less favourably than another person in a similar situation because of their race, colour, descent, national or ethnic origin or immigrant status.

DISCRIMINATION BASED ON SEX OR SEXUALITY

Discrimination on the grounds of a persons sex or sexuality occurs when a person is treated less favourably than another person in a similar situation because of their sex or sexuality.

Discrimination on the grounds of family responsibilities occurs when a person is treated less favourably than another person in a similar situation because of their family responsibilities. This would include being discriminated against because you are responsible for caring for a dependent child or step-child or another immediate family member.

DISCRIMINATION BASED ON FAMILY RESPONSIBILITIES

Eva works in retail. Ever since she started working at the shop, staff meetings were held once a week at lunchtime. Her manager sends everyone an email, saying that meetings will now be held at 8 o’clock in the morning. Eva can’t make these meetings because she has to drop her children at school. Her manager starts to give her less shifts and threatens to fire her if she does not attend the meetings.

EMPLOYMENTThis area covers anything to do with work, such as:

• Applying for a job• Getting a promotion• Training opportunities• Working conditions• Losing your job• Losing other work

entitlements.

EDUCATIONThis area covers anything to do with Schools, TAFEs, Universities and other educational institutions:

• Applying for enrolment• Treatment by your

teachers• Being suspended or

expelled• Disciplinary action • Access to services

GOODS & SERVICES This area covers anything to do with accessing services or buying products from private companies or government departments.

• Centrelink• Department of Housing• Hospitals• Banks• Shops, Cinemas, Gyms• Restaurants & Pubs

EXCEPTIONS & EXEMPTIONSThe laws prohibiting discrimination also provide for certain exceptions or circumstances where discrimination is not unlawful.

For example, if an employer can show that a job applicant with a disability was not able to fulfil the inherent requirements of the position, the employer will not be breaching the anti- discrimination laws by refusing to employ that person.

Exceptions in discrimination law can be complicated and change over time. It is important to get legal advice about whether discrimination law will cover your problem and whether any exceptions apply.

For help or to make a complaint you can call:

- the NSW Anti-Discrimination Board (02) 4926 4300- the Australian Human Rights Commission 1300 656

419- the Hunter Community Legal Centre on (02) 4040

9120

SUMMARY: WHAT IS DISCRIMINATION?

Step One

Have you been treated unfairly or harassed because of one of the GROUNDS we discussed earlier?

Step Two

Have you been treated unfairly or harassed in one of the AREAS we discussed?

Step Three

Are there any legal EXCEPTIONS or exemptions that might apply in your situation?

YesYes

No

This is unlawful

discrimination

RACIAL H

ATRED A

ND

RACIAL V

ILIFIC

ATIO

N

WHAT IS RACIAL VILIFICATIONUnder NSW law, racial vilification is when someone says or does something IN PUBLIC that :

• incites hatred towards or serious contempt for; or• severely ridicules….

A person or group because they:

• belong to a particular race; or• are gay, lesbian or transgender; or• Are living with HIV/AIDS

Racial vilification is unlawful.

WHAT IS RACIAL HATRED?Under Federal law, The Racial Hatred Act 1995, allows people to complain to the Australian Human Rights Commission about racially offensive or abusive behaviour about public acts which are:

• done, in whole or in part, because of the race, colour, or national or ethnic origin of a person or group

AND

• reasonably likely in all the circumstances to offend, insult, humiliate or intimidate that person or group.

RACIAL HATRED: EXAMPLES

Examples may include racially offensive:

• material on the internet, including social networking sites, videos and blogs

• comments or images in newspapers or magazines

• speeches at a public rally

• comments made in the workplace, on public transport, at school or at a sporting event

A RECENT EXAMPLE

Indigenous AFL player, Adam Goodes, points out a spectator

who called him an “ape”.

An apology letter written by the spectator.

STOPP

ING

DISCRIM

INAT

ION

WH

AT

CA

N I

DO

AB

OU

T I

T?

TALK ABOUT THE PROBLEMSometimes you can quickly and easily solve a problem by raising issues directly with the person you are having a problem with. You could speak to them, write a letter to them, talk to their boss etc.

WHAT DO YOU WANT?Before you speak to the person that is discriminating against you, it is a good idea to decide what you want. Then it’s easier to work out the best way to get it!

I want an apology from the person who discriminated against me

I want my workplace to

deliver training on

discrimination issues

I want to make sure that what

happened to me didn’t happen to

anyone else

I want an unfair

policy to be

changed

I want my old

job back

I want to be compensated for money I have lost

I want the discrimination to stop

I want access to a service

WHO CAN I TALK TO ABOUT DISCRIMINATION? You could raise your concerns with:

• The person who has discriminated against you

• That person’s boss or manager• The company that the person

works for

Or you could take your complaint to:• An industry body or government

department• A trade union• The Anti-Discrimination Board

of NSW• The Fair Work Ombudsman• The Australian Human Rights

Commission

Or you could seek legal advice.

COMPLAINTS TO THE ANTI DISCRIMINATION BOARD

You can complain to the Anti-Discrimination Board of NSW.

• You have to make this complaint IN WRITING…

• But you can write it IN ANY LANGUAGE.

• You need to explain what happened, why you think you have been discriminated against and how you would like the problem to be resolved

What will the ADB do with my complaint?

• Inform the other party of your complaint

• Help you and the other party to find a solution to the problem

• The service is free, and you don’t need a lawyer.

• If the board can’t help you solve the problem, they will refer you on to the Administrative Decisions Tribunal, which is similar to a court.

ANTI-DISCRIMINATION BOARD ADVICE LINE The Anti-Discrimination Board also

provides a free, confidential enquiry service.

You can call them on (02) 9268 5544or 1800 670 812 or email adbcontact@agd.nsw.gov.au

They can give you information about:• Exceptions to discrimination

laws• Things you can do to address

the situation• Where to get help• How to lodge a formal complaint

THE FAIR WORK OMBUDSMAN

If discrimination is happening at work, you can complain to the Fair Work Ombudsman.

They may set up a mediation between you and the person who has discriminated against you.

www.fairwork.gov.au

THE AUSTRALIAN HUMAN RIGHTS COMMISSION

The Australian Human Rights commission offers a similar service to the NSW Anti-Discrimination Board.

You can call them to talk about your problem and you can lodge a complaint with them.

They will try to help you and the person who has discriminated against you to find a solution to your problem.Phone: 1300 656 419

Email: ComplaintsInfo@humanrights.gov.auWebsite: www.humanrights.gov.au

TIME LIMITS

Organisation Time Limit

Australian Human Rights Commission

No strict time limit

Fair Work Ombudsman Anything after 1 Jan 2010

NSW Anti-Discrimination Board

12 months

Legal Issue Time Limit

Unfair Dismissal 21 Days

Serious Racial Vilification

6 months

You have a limited amount of time to make a complaint after discrimination occurs. If this time has run out, organisations may not be able to help you with your complaint.

VICTIMISATIONIt is against the law for someone to punish you or treat you badly because you have complained about discrimination or harassment.

This is called “victimisation”.

Examples of victimisation that might happen in the workplace include being • bullied or intimidated by co-workers;• denied a promotion;• moved to a position with less responsibility or less

income;• refused further contract work;

If this happens to you, you can make a formal complaint.

SUMMARY: THINGS YOU CAN DO

Try to solve the problem

informally

Anti-Discrimination Board of NSW

Fair Work Ombudsman

Human Rights Commission

Make a formal complaint

Is this unlawful discrimination?

Talk to or write to the person discriminating

against you

Talk to their boss or their department

Grounds

Areas Are there any exceptions?

USEFUL CONTACTS

Organisation Phone Website

Hunter Community Legal Centre

404091201300 650 073

www.hunterclc.com.au

Fair Work Ombudsman

13 13 94 www.fairwork.gov.au

NSW Anti-Discrimination Board

9268 55441800 670 812

www.antidiscrimination.lawlink.nsw.gov.au

Australian Human Rights Commission

9284 98881800 620 241

www.humanrights.gov.au

ACKNOWLEDGEMENTS

This presentation has drawn on resources provided in:

• The Discrimination Toolkit: Your Guide to Making a Discrimination Complaint (2nd Edition, 2011) produced by the Elizabeth Evatt Community Legal Centre, the Kingsford Legal Centre and Legal Aid NSW

• Factsheets developed by the Anti-Discrimination Board of NSW• Factsheets developed by the Australian Human Rights Commission• Factsheets developed by the Fair Work Ombudsman• A 2012 Anti-Discrimination Workshop delivered by the Rights Advocacy

& Support Program & the Gippsland Community Legal Services