Expanding Definition for Workplace Discrimination: 3x New Protected Attributes

adverse action anti-discrimination australian capital territory fair work hr compliance industry update new south wales northern territory protected attributes queensland secure jobs better pay south australia tasmania victoria western australia May 29, 2023

As you might know, on 6 December 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) became law in Australia.

We can expect a number of transformative changes to be rolled out over the next 12 months, including amendments to the protected attributes. This is likely to have a drastic impact on both employees and their Employers.

There are a number of existing protected attributes that prohibit unlawful discrimination and adverse action to be taken against an employee.

Protected attributes include:

race
sex, and
age

The Act introduces three new protected attributes, being:

breastfeeding
gender identity, and
intersex status

Take note: These new provisions will come into effect on 7 December 2023.

Let's rewind. Adverse action? What does this mean?

Adverse action includes:

firing an employee
changing the employee's job to their disadvantage
not hiring someone
treating an individual employee differently to others

Basically it means taking a negative action because of one or more of a protected attribute.

Exceptions might apply! For example, it's unlawful to deny employment to an individual based on their age generally. However, it would most definitely not be okay to hire someone under the age of 18 to work as a bartender serving alcohol. This would be lawful discrimination.

When might discrimination occur in the workplace?

Good question! Discrimination can affect:

someone applying for a job as a new employee
a new employee who hasn't started work
an employee at any time during employment

What do we suggest?

As of 7 December 2023, employers will need to ensure that their policies and procedures are inclusive of all employees and align with the new requirements.
Employers should take proactive steps to monitor their workplace culture and ensure that have appropriate measures in place to deal with potential complaints.
The planning for the above should be done in advance, so get in touch now and we can help you assess any changes you may need to make to be compliant and inclusive.

For assistance, please contact the Employii team ([email protected]) or feel free to reach out to us via socials.

For more information, head to the Fair Work website (here).

#securejobsbetterpay

Author: Chelsea Finlay (HR Officer)

Expanding Definition for Workplace Discrimination: 3x New Protected Attributes

The Act introduces three new protected attributes, being:

breastfeeding

gender identity, and

intersex status

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