What is the difference between anti discrimination and victimisation

You do not need to demonstrate that your employer has directly or indirectly discriminated against you using the tests set out above.

The Fair Work Commission is responsible for hearing claims that an employer has breached the Fair Work Act, including discrimination in the workplace. Discrimination, including sexual harassment , is against the law if it happens:. People are often concerned about making a complaint if they have a continuing relationship with the person responsible such as an employer. They often worry they will be victimised treated badly if they make a complaint.

Victimisation is when someone subjects, or threatens to subject, another person to some form of detriment or harm, because they have:. You should get legal advice if you think you are being, or have been, victimised for making a complaint. Generally, it is unlawful to ask a person for information about their protected attributes for example, disability, race, pregnancy if this information could be used in a discriminatory way.

For example, an employer asks a prospective female employee whether she has parenting responsibilities 'that keep her busy'. The employee tells the employer that she has two children in primary school. The employee does not get offered the permanent full-time position, despite being the best person for the role, but is instead only offered a part-time contract position for a period of three months.

If you think this applies to you get legal advice. When an exception applies to certain conduct, this means that the conduct may be discriminatory, but is not unlawful. Some examples of exceptions are where:. A person is or intends to be involved in a proceeding under the Anti-Discrimination Act.

For example, a woman agreed to be a witness for a co-worker who had made a complaint of sexual harassment against a supervisor. The supervisor contacted the woman and threatened to sack her if she gave evidence for the co-worker who made the complaint.

The woman could make a victimisation complaint against the supervisor. A person supplies information or documents to a person performing a function under the Anti-Discrimination Act. For example, an administration worker responded to a direction from the Commission to provide contact details for a person identified in a complaint. The administration worker could make a victimisation complaint against the person. A victimisation complaint is a separate and distinct claim from any other complaint made and is not affected by:.

If you have experienced a detriment or threat for one of the reasons listed above, you may be able to make a complaint to the Commission. Accessibility tools Skip to main content Accessibility Contact Us. You are here: Home Your rights Discrimination Victimisation. What is victimisation? While a person is responsible for their own unlawful behaviour, employers can also be held responsible. Under the Equal Opportunity Act, employers have a positive duty to eliminate discrimination , sexual harassment and victimisation as far as possible.

Victoria is unique in having a positive duty, which creates an opportunity to prevent unlawful behaviour. Organisations must also put measures in place to ensure that complaints are responded to swiftly and appropriately when they do arise.

The positive duty applies to employers of all sizes, regardless of whether they are a major company or a small cafe, and covers all types of workers:. Find out how the Commission helps people resolve complaints. Find out more about exceptions. If you think you have been discriminated against, sexually harassed, victimised or vilified in Victoria, we can help. Home Victimisation People should be able to stand up for their rights, or help others do so, without being treated badly in return.