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Job discrimination, also known as employment discrimination, occurs when an employee or job applicant is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age. In Launceston, Australia, these types of discrimination are illegal and punishments for companies found guilty may include fines, compensation for the victim, and mandatory training sessions. In particular, Australia has strong laws that protect individuals from sexual orientation, gender identity and intersex status discrimination.
While the law is clear about your rights, job discrimination can sometimes be subtle and hard to prove. Having a lawyer can prove useful in helping you document incidents of discrimination, assisting in filing formal complaints with relevant bodies, and representing your interests if you decide to bring a lawsuit against your employer. Moreover, as an employee or job applicant, you might find yourself at a significant power or knowledge disadvantage when going up against a company's legal team.
The primary legislation dealing with discrimination in Tasmania is the Anti-Discrimination Act 1998. This legislation prohibits discrimination and harassment on grounds such as gender, marital status, pregnancy, family responsibilities, race, religious belief or activity and physical or mental disability. Age discrimination is also outlawed, except in certain instances that are viewed as justifiable. Discrimination is prohibited in multiple areas of public life, with employment being one of them. Both direct and indirect discrimination are unlawful.
If you suspect you have been discriminated against based on protected characteristics, the first step would be to consult a legal professional. They can provide guidance on how to document instances of discrimination, how to lodge a complaint, and what your options are for legal recourse.
It's illegal for an employer to engage in 'adverse action' because an employee has made a complaint about discrimination. Adverse actions may include dismissal, demotion, or any other unfavorable changes to an employee's job or working conditions.
The Anti-Discrimination Act 1998 requires individuals to file complaints of discrimination within 12 months of the discriminatory conduct occuring.
Being deemed 'overqualified' is not a protected characteristic under the Anti-Discrimination Act 1998. Unless the decision not to hire you was influenced by a discriminatory motive linked to protected characteristics, it's unlikely to be considered discrimination.
Yes, all employers, regardless of their size, are subject to anti-discrimination laws, although some exceptions may apply for very small businesses under certain conditions.
The Equal Opportunity Tasmania is a key resource for individuals looking for assistance or information about discrimination in Tasmania. This governmental body can provide detailed advice on discrimination, harassment and bullying laws in Tasmania, and help you understand your rights and responsibilities.
If you suspect you're a victim of job discrimination, start documenting the incidents. Next, reach out to a legal professional specializing in job discrimination. They can guide you on how to proceed, which can include lodging an official complaint with Equal Opportunity Tasmania or potentially taking your case to court.
