Know My Rights: Changes to workplace discrimination
Facing discrimination at work is a situation no worker should have to deal with. Thanks to a massive union-backed campaign, Australia’s workplace discrimination laws have been strengthened to protect more workers.
What changed?
As of December 2022, working Australians are better protected against discrimination from their employers, with the addition of protections to the Fair Work Act for:
- Breastfeeding parents
- Trans and gender non-conforming people
- People with intersex status
It is now unlawful for a workplace to discriminate against a worker because they are a breastfeeding person, or based on their gender identity or intersex status. This means that an employers cannot treat you adversely, including taking actions like terminating your employment, based on you having a protected attribute.
Definitions
The definition of breastfeeding includes the act of expressing and storing milk, includes the period where a parent is breastfeeding, as well as individual incidents of breastfeeding.
Gender identity refers to a worker’s personal definition of their gender, their gender-related characteristics, and does not necessarily correspond to their assigned sex at birth.
Intersex status includes anyone whose sex characteristics are neither wholly female or male, female and male, or neither female nor male.
What can I do?
If your employment is terminated or you are treated unfairly on the basis of these attributes, you can now bring a complaint and/or unlawful termination complaint to the Fair Work Commission (FWC). Your union can also act on your behalf and are well equipped on how to make applications for unlawful terminations to the FWC.
Are you already a union member?
Reach out to your union for more specific information about how you and your workmates can make the most of your rights at work.
Not yet a member?
Joining your union is the most powerful decision you can make to protect your rights at work.