It may mean that someone is being bullied, for example. If you believe that someone is being discriminated against or harassed, then this is an issue you can as an OHS rep.
Under both Victorian and Federal Equal Employment Opportunity and Anti-discrimination legislation, workers have the right to a workplace that is free from discrimination and harassment (see our FAQ on Discrimination and Harassment). The legislation makes it illegal to discriminate against someone on the basis of certain characteristics. Discrimination means treating someone unfairly or unfavourably because of a personal characteristic such as their sex or race or age. Discrimination can also be setting a requirement that people with a particular characteristic cannot meet and which is not reasonable.
Under the Equal Opportunity Act 2010 (Vic), the following personal characteristics are protected:
Under the Equal Opportunity Act 2010 (Vic), the following personal characteristics are protected:
- a disability, disease or injury, including work-related injury
- parental status or status as a carer, for example because they are responsible for caring for children or other family members
- race, colour, descent, nationality, ancestry or ethnic background
- age, whether young or old, or because of age in general
- sex
- employment activity, for example because they ask questions or raise concerns about their rights or entitlements at work
- industrial activity, including being a member of an industrial organisation like a trade union or taking part in industrial activity, or deciding not to join a union
- physical features, such as height, weight, size, hair or birthmarks
- religious belief or taking part in religious activity, or not holding a religious belief
- pregnancy and breastfeeding
- lawful sexual activity
- sexual orientation or gender identity, including gay, lesbian, bisexual, transsexual, transgender, queer and heterosexual
- marital status, whether married, divorced, unmarried or in a de facto relationship
- political belief or political activity
- an association with someone who has, or is assumed to have, one of these characteristics, such as being the parent of a child with a disability.
In changes also made in 2010, employers must not refuse flexible arrangements for an employee with parental or carer responsibilities, unless it is reasonable to do so in the circumstances.
Furthermore, under the Victorian OHS Act, employers have the duty to provide and maintain a working environment that is safe and without risks to health. So harassment and discrimination are OHS issues as well.
Furthermore, under the Victorian OHS Act, employers have the duty to provide and maintain a working environment that is safe and without risks to health. So harassment and discrimination are OHS issues as well.
Under both pieces of legislation, it is the legal duty of the employer to ensure that the workplace is free from discrimination and harassment. In a recent decision, the NSW IRC stated that it was insufficient for an employer to simply explain employees' rights and confirm a policy of equal opportunity to avoid blame when allegations of discrimination and harassment arise. Active and material steps have to be taken to create an appropriate work culture.
If you believe you are being discriminated or harassed, take the issue to both the OHS rep and your union delegate. If you are the OHS rep, contact your union for more advice and assistance.
See Also:
Sexual Harassment in the Workplace resources from the Human Rights and Equal Opportunity Commission:
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Information for workers: Work Out Your Rights. The site has information sheets, FAQs, where to get more information, how to get help, and more.
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A toolkit for employers which includes a seven-point checklist to help employers draft anti-discrimination policies. The employers' information pack, Good practice, good business: Eliminating discrimination and harassment from your workplace, is available on CD and contains extensive resource material. It is also available on a dedicated website.
- 20 years on: the challenges continue: a 2008 review of sexual harassment in the Australian workplace.
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Right Smart Employers Toolkits from the Victorian Equal Opportunity Commission - these are a 'suite of free on-line tools' to help employers understand and comply with Victoria's
Equal Opportunity Act, 2010.
Enquiry Line: 9am–5pm Monday to Friday Phone: 1300 292 153
TTY: 1300 289 621
Enquiries can also be sent via email
The Federal government's Human Rights and Equal Opportunity Commission also has a website
International material
Europe's unions and employer organisations have signed a framework agreement to fight against harassment and violence at work. Negotiated over ten months, the text commits a number of the signatories to combat by April 2010 all unacceptable behaviour that can lead to harassment and violence at the workplace.
ETUC news release. Framework agreement on harassment and violence at work [pdf].