Anti-discrimination laws

Anti-discrimination

Discrimination means treating someone unfairly because they belong to a particular group of people. Discrimination is contrary to the principles of democracy. Some types of discrimination include:

• Sex discrimination: when you are treated unfairly or harassed because you are a woman or because you are a man.
• Pregnancy discrimination: when you are treated unfairly or harassed or not given the same opportunities because you are pregnant.
• Race discrimination: when you are treated unfairly or harassed because of your race, colour, ethnic background, ethno-religious background, descent or nationality.
• Age discrimination: when you are treated unfairly or harassed because of your age.
• Marital status discrimination: when you are treated unfairly or harassed because of your particular marital status.
• Homosexual discrimination: when you are treated unfairly or harassed because you are lesbian or gay, or someone thinks you are lesbian or gay.
• Disability discrimination: when you are treated unfairly or harassed because you have a disability, or someone thinks you have a disability.

See image 1

It is difficult to legislate for the fair treatment of people, but there are currently anti-discrimination laws that exist in Australia, both at the State and Commonwealth levels. Most types of discrimination are only against the law if they happen in the areas of employment; in education, such as schools and universities; in obtaining goods and services, such as from shops, banks, hospitals and councils; in finding accommodation, such as renting a place to live or staying in hotels and motels; and in entry to registered clubs.

Anti-discrimination legislation

There are both State and Commonwealth laws that legislate for the fair treatment of people. Not everyone has equal chances or opportunities in life, so legislation is an attempt to make sure that all people are treated fairly.

Legislation establishes certain areas of life in which discrimination is prohibited. To decide whether discrimination has occurred involves a comparison between how a person has been treated and how another person without that 'attribute' or characteristic is treated.

Commonwealth anti-discrimination legislation

The Age Discrimination Act 2004 (Cth) provides protection for both younger and older Australians. The areas covered by this act include employment; education; access to premises; provision of goods, services and facilities; and renting or buying a house or flat.

The Disability Discrimination Act 1992 legislates against discrimination on the basis of physical, intellectual, psychiatric, sensory, neurological or learning disabilities; physical disfigurement; disorders and illness or diseases.

The Human Rights and Equal Opportunity Commission Act 1986 is an act that makes it against the law to breach human rights by any Commonwealth body or agency and discrimination in the area of employment on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, age, medical record, criminal record, marital status, impairment, disability, nationality, sexual preference or trade union activity.

Two other pieces of legislation include the Racial Discrimination Act 1975 and the Sex Discrimination Act 1984. This legislation prevents discrimination on the basis of race, colour or sex, marital status or pregnancy.

See image 2

Queensland anti-discrimination legislation

The Queensland Anti-Discrimination Act 1991 (Qld) was introduced in 1991 to protect and preserve the principles of dignity and equality for everyone and to apply anti-discrimination law consistently throughout the State.

The legislation makes it against the law to discriminate against someone with regard to 'sex, relationship status, pregnancy, parental status, breast feeding (goods and services only), race, age, physical impairment, religion, political belief or activity, trade union activity, lawful sexual activity, gender identity, sexuality, family responsibilities, or association with a person who has any of these attributes'. If someone such as an employer does break this law then the unlawful conduct may be enforced in a court of law.

See image 3

Democracy and anti-discrimination

Many democracies around the world have similar anti-discrimination legislation. Some countries have more wide-ranging powers than others. The Australian Commonwealth and State laws do not prohibit all types of discrimination. It is a feature of democracies that laws constantly change to reflect the changing values of society.