Bullying, Discrimination, Harassment

Discrimination exists in many forms which students may not immediately recognise. In addition students may also struggle to find the reason for this behaviour.

What is Discrimination?

Just because a person doesn't like another person doesn't mean that they are discriminatingagainst them. Sometimes conflicts or things that appear unfair can happen at work. However, to be unlawful discrimination, the actions must mean something to the employee's disadvantage and must have occurred because of one of the reasons listed below.

Both Federal and State governments have laws which prohibit discrimination.

Under NSW law it is illegal to discriminate against anyone for the following reasons:

Sex: because someone is male or female or because of ma unsupported assumptions about what a man or a woman can or can't do.

Pregnancy: because a woman is pregnant.

Race: because of a person's race, colour, ethnic background, ethno-religious background, descent or nationality.

Age: because of a person's age – for example, because of unsupported assumptions about what an older or younger person can or can't do. It is also generally unlawful to force a person to retire at any particular age.

Marital status: because a person is single, married, living in a de facto relationship, divorced or widowed.

Homosexuality: because a person is lesbian or gay, or someone thinks they are lesbian or gay.

Disability: because a person has a disability, or someone thinks they have a disability, or they had a disability in the past, or you think they may have one in the future. Disability includes physical, intellectual and psychiatric disabilities, learning and emotional disorders, and any organism capable of causing disease (for example, HIV).

Transgender (transsexual): because a person is transgender or someone thinks they are transgender, that is, they live or seek to live as a member of the opposite gender (sex) to their birth gender.

Carers' responsibilities: because a person has responsibilities to care for or support certain children and adults, or someone thinks they have these responsibilities. This includes responsibility for their child, stepchild, foster child, an adult of whom they are the legal guardian, and immediate family members including their spouse or partner, ex-spouse or partner, parent, grandparent, grandchild and sibling.

Because of who they are related to, or who they associate with: because of the sex, pregnancy, race, age, marital status, homosexuality, disability or transgender status of a person's relative, friend or work colleague.

Victimisation: because a person has complained either within their organisation or externally about discrimination or harassment on any of the grounds listed above, or about sexual harassment, or they have assisted another person with a complaint about any of these matters.

There are laws applying across Australia making it illegal for an employer – no matter how large or small – to discriminate in employment. The Australian Human Rights and Equal Opportunities Commission (HREOC) deals with complaints from across Australia.

Workers may complain to HREOC if they believe they have been:

• refused employment
• dismissed
• denied a promotion, transfer or other benefits associated with employment
• given less favourable terms or conditions of employment
• denied equal access to training opportunities
• harassed or bullied

because of their:

• sex, including pregnancy, marital status, family responsibilities and sexual harassment
• disability, including temporary and permanent disabilities; physical, intellectual, sensory, psychiatric disabilities, diseases or illnesses; medical conditions; work related injuries; past, present and future disabilities; and association with a person with a disability
• race, including colour, descent, national or ethnic origin, immigrant status and racial hatred
• age, covering young people and older people
• sexual preference, criminal record, trade union activity or political opinion (in employment only)

Which jurisdiction?

It can be confusing to work out which jurisdiction – state or federal – in which to make a complaint. A phone call to either the NSW Anti-Discrimination Board, or the Human Rights and Equal Opportunities Commission should help. Anyone employed as a state employee by the NSW government (eg public school teacher) is confined to the NSW ADB.

NSW Anti Discrimination Board General Enquiry Service: (02) 9268 5544; Tollfree from rural and regional NSW: 1800 670 812

Human Rights and Equal Opportunities Commission (HREOC): 1300 656 419

Where to refer students to get help or more information

The NSW Anti Discrimination Board (ADB) administers the Anti Discrimination Act in NSW only.

Website: http://www.lawlink.nsw.gov.au/adb

Phone numbers:
Sydney General Enquiry Service & Employers Advisory Service - (02) 9268 5544 Tollfree (for rural and regional New South Wales only) 1800 670 812

Human Rights and Equal Opportunities Commission (HREOC)

Information sheet - Anti-discrimination laws and employment
http://www.hreoc.gov.au/complaints_information/infosheet_employment.html

For more information or to discuss a complaint contact HREOC's Complaints Infoline:

Phone: 1300 656 419 (local call) or 02 9284 9888 Email: complaintsinfo@humanrights.gov.au TTY: 1800 620 241 (toll free) Fax: 02 9284 9611

Free interpretation and translation services are available by contacting 13 14 50 and asking for the Human Rights and Equal Opportunity Commission.