Workplace Discrimination

If you have been discriminated against in the workplace, or if you’re a business owner accused of discrimination, our lawyers can help.

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Workplace discrimination - Why you need a lawyer

Financial Assets

Determining if you have been discriminated against in the workplace

Unlawful discrimination is the less favourable treatment of a person based on their attributes such as race, gender, religion, being pregnant, etc. If you are concerned that you have experienced discrimination in your workplace, a lawyer can discuss your experience and provide advice in relation to the alleged behaviour, suggesting remedies and potential outcomes.

Timely Legal Services

Advising employers on behaviours not permitted running a business

Our lawyers are committed to ensuring employers are aware of the types of behaviours that are not permitted when they are running their workplace, such as making decisions based on an employee’s marital status, ethnic origin, disability, political opinion, etc. If you are not sure if your behaviour could amount to discrimination, we can provide detailed advice to protect you, your business and your employees.

Dispute Resolution

Providing advice for employers accused of unlawful discrimination

Being accused of discrimination can be an uncomfortable experience, particularly if you are unsure of where your actions went wrong. A lawyer can help you respond to the accusation depending on your position. We can provide expert legal advice for you moving forward to achieve the best possible outcome for you.

Frequently asked questions

Discrimination is when an individual is treated less favourably due to attributes including:

- Pregnancy, sex, marital status;
- Religious beliefs;
- Colour, race, ethnic origin;
- Age;
- Disability;
- Political opinion;
- Family status; or
- Sexual orientation

Discrimination is prohibited in the workplace, so making any adverse business decisions based on the attributes above is against the law.
If an investigation finds an employer has or had undertaken discriminatory actions that were linked to drastic actions for any employees or prospective employees, a Fair Work Commission official may take enforcement action.
You may be experiencing discrimination in the workplace if:

- You have been or are being treated differently from your colleagues because of your race, age, colour, religion, disability, gender, sexual orientation or spousal affiliation; and
- You have been harmed by the treatment.

You may be entitled to compensation for any losses you experienced as a result of the discrimination.
Being treated differently as a result of your skills or efforts is not considered discriminatory. Similarly, it is not considered discriminatory if you are being paid less than someone who is older and more experienced, as long as all parties are receiving the minimum wage for their age.
Discrimination can occur during any stage of employment. This could be before being hired, while working or after leaving. Discrimination can occur in the following areas:
- Recruitment of staff;
- Remuneration;
- Entitlements;
- Number of hours work and rest;
- Paid holidays;
- Job prospects;
- Termination of employment; or
- Maternity protection.

Why choose us

We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through all aspects of employment law

Forge Legal’s employment lawyers are specialists in all areas of employment law and can assist you with all employment law matters.

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