What are the prohibited grounds of discrimination?

This comprehensive guidance note provides an expert overview of the prohibited grounds of discrimination under federal, state, and territory legislation in Australia. It clarifies key concepts such as protected grounds or attributes and details the scope of unlawful discrimination across jurisdictions. Practitioners must understand the nuances and jurisdictional variations to effectively navigate complaints and compliance obligations.

Topics Covered

• What is a protected ground or attribute?
• Grounds of unlawful discrimination under federal legislation
• Unlawful discrimination through adverse action under the Fair Work Act 2009 (Cth)
• Grounds of prohibited discrimination under state and territory legislation
• Exemptions to anti-discrimination laws
• Handling overlapping causes of action
• Treatment of sexual harassment under legislation
• Victimisation protections under federal, state and territory laws

Essential Insights

• Assess jurisdictional differences in protected grounds before pursuing discrimination complaints.
• Consider how federal acts like ADA, DDA, RDA, and SDA define and enforce unlawful discrimination.
• Recognise the Fair Work Act’s role in prohibiting adverse action tied to protected attributes.
• Identify common and jurisdiction-specific grounds, including emerging categories such as industrial activity.
• Understand the scope and limits of exemptions, including inherent requirements and religious activities.
• Evaluate complex scenarios involving overlapping claims and ‘double dipping’ prohibitions.
• Note significant legal precedents impacting compensatory awards for sexual harassment claims.