In Australia, employers have the right to hire and dismiss workers providing they are following proper procedures. Employers also have the right to expect reasonable work performance from their staff. The WHS Act covers more employee rights compared to employer rights.
Report workplace discrimination Report discrimination to the EEOC. Use the EEOC's public portal to follow the complaint process. Submit an online inquiry. Schedule an interview with someone from the EEOC.
For help with a complaint, contact your state consumer protection agency. Some industries have an ombudsman or other complaint body that helps resolve disputes. You also have the option of taking legal action. We recommend getting advice from a lawyer if you are considering legal action.
Wrongful Termination: If your employer fires you in error, you have the right to sue. You can also file it if you are injured on the job.
The penalties for discriminatory adverse action can result in a maximum penalty of $66,600 for every corporation violation and $13,320 for every individual violation. The penalty can also include order for injunctions, reinstatement of the employee and/or compensation.
You need to inform the person or organisation you want to take action against, why you want to take action. You do this by sending them a letter called a letter before claim. Your letter should explain what happened to you and why you think unlawful discrimination has taken place.
If you wish to make a complaint regarding unlawful discrimination or a breach of human rights, you can lodge a complaint with the Australian Human Rights Commission or relevant state and territory agencies. Find more information on making a complaint on the Australian Human Rights Commission's website.
Keep a Written Record: The first step in documenting employment discrimination is to keep a written record of every incident that occurs. Your records should include dates, times, locations, who was involved, who witnessed it, and details of what exactly happened.
You can make a complaint no matter where you live in Australia. If you are not sure if you can make a complaint about something, you can contact the Commission's National Information Service by phone on 1300 656 419 or by email to infoservice@humanrights.au.
For Example: An employer refused to hire a suitably qualified person as a shop assistant because they were Aboriginal, and instead hired a less qualified person of a different racial background. This could be racial discrimination.