In Australia, one of the first anti-discrimination acts to be enforced was the New South Wales Anti Discrimination Act 1977.
Discrimination is an unfortunate reality for numerous people around the world. People can be discriminated against for various reasons, including (but not limited to):
Gender
Race
Marital status
Sexuality
Disability
Age
Additionally, discrimination can come in various forms, including access to education, employment, healthcare, and access to various goods and services.
To protect citizens, governments worldwide have passed numerous anti-discrimination laws at both the federal and local levels. In Australia, one of the first anti-discrimination acts to be enforced was the New South Wales Anti Discrimination Act 1977.Also referred to as the Equal Opportunity Act NSW, this piece of legislation ensures that people are treated equally, regardless of their gender, sexuality, marital status, familial responsibilities, age, ethno-religion, and race. When it comes to gender, people cannot be discriminated against for:
Pregnancy
Breastfeeding in the office
Being transgender
Additionally, prohibiting gender discrimination also involves prohibiting sexual harassment in the workplace, healthcare and education. The law also notes that the motive for any discrimination is irrelevant when determining the consequences for said discrimination. This is especially important in terms of indirect discrimination, in which universal policies and rules adversely affect individuals who are protected under the Anti Discrimination Act 1977. For example, a workplace may only be accessible via a staircase. This can be considered indirect discrimination, as it prevents people who use wheelchairs from entering the building and therefore from working at that employer.
Race
Gender
Colour
Sexual preference
Age
Marital status
Disability status
Religion
Political opinion
Nation and social origins
There is an allowance for certain exceptions, some of which are outlined below.
An employer has to make unreasonable adjustments to accommodate a person with a disability.
A job requires certain characteristics – for example, women’s clothing brands may only use female models in advertisements, or a government minister may look to fill a staff vacancy with someone whose political beliefs match their own.
An employer is providing special measure welfare services. For example, someone providing support for women who have experienced intimate partner violence may need to ensure they only hire a woman to fill a counselor's vacancy.
Someone is providing home-based services, and the client requests an employee that fits certain characteristics.
People with certain disabilities may not provide an adequate level of care for children and may therefore be discriminated against by day care centres looking for job applicants.
An employer is looking to designate certain positions for Aboriginal and/or Torres Strait Islander people.
A business is looking to recruit women to work in “non-traditional” roles, including in STEMM, as construction workers, bus drivers, and higher management.
Anti-discrimination legislation prohibits the unfair treatment and harassment of people due to characteristics such as age, gender, disability, transgender and marital status, among others. Such legislation ensures that everyone has an equal opportunity to succeed, including in education and employment. Employers cannot discriminate against people based on irrelevant characteristics and must instead make hiring decisions based on merit. Additionally, these laws also ensure that people are not harassed due to their protected status by the people around them. Employers must make sure that other employees do not harass someone due to the aforementioned characteristics, and educational institutions must prevent bullying for the same reasons. Finally, fair treatment should also extend to other aspects of employment, including benefits, training, salaries, and promotion. These characteristics cannot play a part in the dismissal of an employee or their selection for redundancy. Nor can these characteristics play a part in an employee’s retirement. If an employer or education institute acts in a discriminatory manner, they can legally liable. This liability can apply to both the organisation and individual managers acting in a discriminatory manner, depending on the business structure.
As mentioned above, the NSW Anti-Discrimination Act 1977 prohibits discrimination against people due to protected characteristics. People cannot be discriminated against in:
The workplace
Education
Banking
Property
Healthcare
Nightclubs
Delivery of goods and services
The law also provides for the establishment of the Anti-Discrimination Board (ASB) of New South Wales. Aggrieved people can direct their complaints to the board should internal grievances prove to be ineffective. The board can then determine whether or not to accept the complaint and how to resolve the issue. It should be noted that the ASB is not the only tribunal a complainant may lodge a grievance with. The NSW Civil and Administrative Tribunal is also empowered to deal with discrimination, with powers including ordering up to $100,000 in compensatory damages. Additionally, private-sector employees are covered by the Fair Work Act (2009). They will have to lodge their grievances with the Fair Work Commission if discrimination leads to a dismissal.
The Anti Discrimination Act 1977 only applies to New South Wales. However, the federal government has also implemented five anti-discrimination laws.
These acts not ensure equal employment opportunity, they also apply to:
Education
Disposal of land
Administration of laws and programs
Trade unions
Retirement
Clubs and sports
Access to various services and facilities
They ensure that all Australians, regardless of who they are, what they look like, and who they love, are provided with the same opportunities in life. They also serve to plug holes that may be present in a state-specific law, ensuring that citizens have the same rights across the country.