Discrimination & Sexual Harassment

Workplace

Violence

Everyone has the right to feel safe at work, free from violence, victimisation and harassment. Workplace violence is unlawful.  Workplace violence can include physical assault and threats to physically harm you. Some people are violent by deliberately putting others through emotional distress.

If you are experiencing workplace violence, then your first step should be to tell people you trust about it.  If possible, tell your employer. Ask for the incidents to be recorded. Ask for a copy of the incident report as soon as possible.  It is a good idea to keep a journal or diary. Record the dates and times of violent incidents. Write down what happened, who did it, and who saw it. If possible, record the telephone numbers and addresses of witnesses. Your diary could be used as evidence during legal proceedings, such as a court case. 

If you have been injured then you should visit a doctor. An injury includes effects on your mental health, such as depression. Ask the doctor to record a description of your injuries or illnesses (if there are any), the treatment you need, and when the violence happened. (If you have injuries that are visible, you can take photos of them for evidence.) Ask the doctor for a WorkCover medical certificate. You may also need to complete a WorkCover claim form.

WHAT YOU CAN DO ABOUT IT

If the violence has been reasonably serious, then you might want to contact the police.  If an assault happened, or if other criminal charges apply, such as threats to kill, stalking and damage to property, the police will ask you to make a formal statement. You may have to give evidence in court. It is really important that you talk to the police as soon as possible after workplace violence, so they can quickly record your evidence.  If any harassment or stalking is likely to continue, you could consider making an application for an intervention order against the violent person. You can get legal advice to help you with this. Victoria Legal Aid produces a free book on applying for an intervention order. Contact Victoria Legal Aid for a copy.  You can contact a Centre Against Sexual Assault (CASA) if sexual assault, attempted sexual assault, or sexual harassment happens. CASA's give free initial crisis counselling, information, support and advocacy. 

In Victoria, CASA's have a 24-hour confidential telephone service, which gives information about rights and options for survivors of sexual assault or attempted sexual assault.  Other things that you can do if you experience workplace violence include:

• Seek legal advice from an employment law specialist as soon as possible or ring Job Watch. 
• Ring the Victorian WorkCover Authority.
• Contact your union (if you are a member of one).
• Report the incident to the workplace health and safety representative (although many workplaces do not have one).
• If you are an apprentice or trainee, inform the Office of Training and Tertiary Education.

R E M E M B E R
Workplace violence is totally unacceptable and against the law.  If you are subjected to violence at work, it is not your fault.  You have a right to do something about it, and to feel safe in your job.

Discrimination basically means being treated less favourably than other people.  In Victoria, it is against the law for someone to treat you unfairly (discriminate) or hassle or pick on (harass) you because of your actual or assumed:

• Age
• Breastfeeding
• Carer status
• Disability/impairment
• Gender identity
• Industrial activity (such as belonging or not belonging to a union)
• Lawful sexual activity
• Marital status
• Parental status
• Physical features (does not include accessories such as dreadlocks, body piercings and tattoos)
• Political belief or activity
• Pregnancy
• Race
• Religious belief or activity
• Sex
• Sexual orientation
• Personal association with someone who has, or is assumed to have, one of these personal characteristics.

In Victorian law, these are all referred to as ‘attributes’.

Discrimination

Discrimination can be direct or indirect. Direct discrimination is when someone decides to treat you less favourably because you have one of the attributes listed above. For example, a policy that bans pregnant women from working with a company, directly discriminates against pregnant women.  Indirect discrimination means putting a requirement on someone which they cannot meet because they have one of the attributes listed above, but which most people without that attribute would be able to meet. 

For example, if it was only possible to get into the workplace via a large flight of stairs, this would indirectly discriminate against workers with disabilities who used wheelchairs.  Most other workers without disabilities would be able to meet the requirement to climb the stairs, but the workers who used wheelchairs would not.  Victoria’s Equal Opportunity Act also says it is unlawful to discriminate against you if you are associated with someone who has any of the above attributes.  For example, if your partner or spouse was from a particular cultural or religious background, it would be unlawful for your employer to discriminate against you because of this.

The Act states that it is illegal to discriminate in:

• Accommodation
• Clubs and club memberships
• Disposal of land
• Education
• Employment
• Local government
• Provision of goods and services
• Sport

The Act says there are some exceptions. For example, it might not be unlawful to discriminate against you if someone can prove their religion makes it necessary for them to discriminate against you, or if the changes that you need in order to overcome the discrimination are unreasonable in the circumstances. It is up to the legal system to decide if the changes you need are unreasonable.  The Act also says it is unlawful to sexually harass another person. Sexual harassment is unwelcome behaviour of a sexual nature. It can cover a diversity of unwelcome comments about your physical appearance or your sex life.  Sexual harassment can also include sexual jokes, pornography in the workplace, unwanted touching or leering and unwelcome requests for sex or dates.  It is also illegal for you to be victimised because you have made a complaint about sexual harassment or discrimination to appropriate authorities, such as the Victorian Equal Opportunity Commission or your employer. 

It is the responsibility of an employer to do everything reasonable to ensure a discrimination-free workplace. If a co-worker unlawfully discriminates against you, or unlawfully harasses you, then you may be able to make a complaint against your employer as well as the co-worker.   There are also federal anti-discrimination laws. These are the:

• Sex Discrimination Act
• Racial Discrimination Act
• Disability Discrimination Act

If you are discriminated against on the basis of sex, race or disability, then you can usually choose between lodging a complaint under state or federal law.  It is important to seek advice from Job Watch about whether to lodge a claim under state or federal law if you have been discriminated against in employment.  The Victorian Equal Opportunity Commission and the Human Rights and Equal Opportunity Commission can also help with discrimination information.  For advice about disability discrimination, you can also contact the Disability Discrimination Legal Service or Villamanta Legal Service. Victoria Legal Aid, together with these organisations, also produces a publication called Using Disability Discrimination Law. Contact Victoria Legal Aid for a free copy. 

Complaints under federal law should be lodged with the Human Rights and Equal
Opportunity Commission. The Victorian Equal Opportunity Commission has the power to investigate complaints of unlawful discrimination under state law. If you are eligible to lodge a discrimination complaint, the Commission can help you do this. You have 12 months from the date the discrimination happened to make a complaint.  If, after investigating a complaint, the relevant commission finds your complaint has merit, the case is referred to conciliation at the commission.  Conciliation is designed to help you and the person you are complaining about to reach a settlement. It brings you together with the person or representative of the organisation your complaint is about. You can have a representative, or someone to support you, there if you wish.

There can be many different types of settlement. It might be an apology, a decision that you get your job back, compensation for pain and suffering or lost wages, a promise that the discrimination will stop or any combination of these.  Conciliation is run by experienced and independent conciliators from the commission.  If the case is not settled at conciliation, it can be referred to VCAT, the Federal Court or the Federal Magistrates Court for a public hearing (depending on whether you have chosen to have your claim heard under state or federal legislation).

How unions can help

If you join a union, it might negotiate on your behalf with your employer about the terms and conditions of your work. This might include how much you are paid, the hours that you work or the tasks that you do.  Union membership can give you more power during employer-employee negotiations.  Your employer then has to negotiate with a union that represents a group of workers, rather than you having to negotiate on your own.

Union membership can give you more industrial support when you have problems at work or when you are trying to negotiate better conditions, such as more money.  It costs money to be a union member and usually how much you pay in fees is worked out by how much you earn in your job. Some workers pay as little as $5 a week to be union members. Union membership costs are tax deductible when you do your tax return. 

It is your right to join a union, even if there does not seem to be many other people in your workplace who are members of a union. If your employer has threatened you
or said that you will not have your job if you join a union, then your employer is in breach of Victoria’s Equal Opportunity Act and the federal Workplace Relations Act .  There are unions to cover all types of work in Australia. Contact the ACTU or the
Victorian Trades Hall Council to find out which union covers you. 

R E M E M B E R

It is every worker’s right to join a union. It is against the law for an employer to not employ you or sack you just because you are a union member.

Contacts

ACTU Phone 1300 36 22 23 for referral to the appropriate union for your work.  www.actu.asn.au

Apprenticeship Administration Branch (OFFICE OF TRAINING AND TERTIARY EDUCATION) Phone 9412 6600.

AusInfo Phone 9670 4224 to buy copies of the federal Workplace Relations Act.  190 Queen Street, Melbourne 3000.

Australian Competition & Consumer Commission Phone 1300 302 502 for enquiries about misleading employment advertising according to federal law.
www.accc.gov.au

Australian Industrial Relations Commission Phone 8661 7777 for unfair dismissal applications. Phone 8661 7814 or 8661 7807 to purchase copies of federal awards. Level 36, Nauru House, 80 Collins Street, Melbourne 3000.
www.airc.gov.au

Australian Taxation Office Phone 13 28 61 for PAYG tax enquiries.
www.ato.gov.au

Career Information Centre Phone 9299 1038. 1st Floor, 176 Bridge Road, Richmond 3121

Care Ring (formerly Crisis Line) Phone 13 61 69.

Centre Against Sexual Assault Phone 9344 2210 for referral to the centre closest to you, 9349 1766 for after hours assistance or 1800 806 292 (country callers).

Child Employment Officer (DEPARTMENT OF INNOVATION, INDUSTRY AND REGIONAL DEVELOPMENT) Phone 9651 0940 for information about Victorian child work permits for workers under 15 years old.

Consumer Affairs Victoria - independent contractors – Phone 1300 55 81 81 (or access claim forms from the Victorian Civil and Administrative Tribunal web site –
www.vcat.vic.gov.au). 

For enquiries about misleading employment advertising according to Victorian law.
www.consumer.vic.gov.au

Sexual Offences & Child Abuse Unit – check under ‘Police’ in the White Pages phone
book for the nearest squad. The SOCAU may be able to investigate complaints about workplace violence.

Court Network Phone 9603 7433

Department of Education, Science & Training Phone 1800 657 569 for information on job placement, employment and training programs.
www.dest.gov.au

Department of Employment & Workplace Relations Phone 1300 363 264 for details about wage rates, wage retrieval and federal award coverage.
www.wagenet.gov.au

DIRECT Line – drug and alcohol help line – Phone 9416 1818 / 1800 136 385 (country callers).

Disability Discrimination Legal Service Phone 9602 4877 / 1800 651 275 (country callers) / TTY 9602 4135
www.ddls.org.au

Disability Employment Action Centre Phone 9650 2533 / TTY 9650 9229 Equal Opportunity Commission Phone 9281 7100 / 1800 134 142 (countrycallers) / TTY 9281 7110
www.eoc.vic.gov.au 

The Commission can advise you about whether or not you have been unlawfully discriminated against. It also provides information about the federal Disability Discrimination Act.

Federation of Community Legal Centres Phone 9602 4949 for contact details of your nearest community legal centre.

Financial & Consumer Rights Council Phone 9663 2000 / 1800 134 139 (country callers) for referral to a free financial counsellor.
www.vicnet.net.au/~fcrc

Group Training Australia Phone 9639 3955 / 1800 819 747.

Human Rights & Equal Opportunity Commission Phone 1300 656 419/ general enquiries & publications 1300 369 711 / TTY 1800 620 241
www.hreoc.gov.au

Industrial Relations Victoria Phone 9651 5560. Long-service enquiries –9651 0941 www.irv.vic.gov.au

Information Victoria Phone 1300 366 356 to buy copies of Victorian legislation.
356 Collins Street, Melbourne 3000
www.information.vic.gov.au

Job Watch Phone 9662 1933 / 1800 331 617 (country callers) for telephone advice about work rights.
www.job-watch.org.au

Law Institute of Victoria - Dial-A-Law-Information – phone 9602 5000.  Legal referral service - phone 9607 9550
www.liv.asn.au

New Apprenticeships Phone 1800 639 629.
www.newapprenticeships.gov.au

Office of the Employment Advocate Phone 1300 366 632 for written information about Australian Workplace Agreements.
www.oea.gov.au

Office of Training and Tertiary Education Phone 9637 2333
www.otte.vic.gov.au

Superannuation Infoline (ATO) Phone 13 10 20.

Telephone Interpreter Service Phone 13 14 50.

Victims of Crime Assistance Tribunal Phone 9628 7855.

Victims Referral & Assistance Service Phone 9603 9797 /1800 819 817 (country callers)

Victoria Legal Aid Phone 9269 0234, Multilingual Telephone Information Service 9269 0120 / 1800 677 402 (country callers), publication orders 9269 0223 www.legalaid.vic.gov.au

Victorian Civil & Administration Tribunal (ANTI DISCRIMINATION LIST) Phone 9628 9900
www.vcat.vic.gov.au

Victorian Trades Hall Council Phone 9662 3511 (for referral to the appropriate union) www.vthc.org.au

Victorian WorkCover Authority Phone 9641 1444 / 1800 136 089 (country callers) for information about injuries and compensation or health and safety.
www.workcover.vic.gov.au

Ballarat 5337 1400
Bendigo 5443 8866
Geelong 5226 1200
Mildura 5021 4001
Shepparton 5831 8260
Traralgon 5174 8900
Wangaratta 5721 8588
Warrnambool 5562 5600

Villamanta Legal Service Phone 5229 2925 / 1800 014 111 (country callers) TTY 1800 104 333 Villamanta is a statewide community legal centre that works only on disability related legal issues.
www.villamanta.org.au

WageLine Phone 1300 363 264 for information about wages and employment conditions.
www.wagenet.gov.au

Welfare Rights Unit Phone 9416 1111 for independent advice about the social security system.
www.welfarerights.org.au

Women’s Legal Service Victoria Phone 9642 0343 (advice) / 1800 133 302 (country callers), TTY 9642 0334