discrimination Archives

Doctor, doctor: When and how employers can challenge medical evidence

A photo of a doctor handing a lady a medical certificate over the table.

Employees with medical conditions can present unique challenges for employers. While businesses should, and often do, seek to provide equal opportunity for all, there are some cases where this is simply not possible. It is an unfortunate truth, however, that sometimes the provision of a medical certificate is seen as a “get out of jail…

Elon Musk runs afoul of protections for union employees

By Rebecca Goulter

A photo of a tesla warehouse from the front, showing clearly, the Tesla company name.

The CEO of Tesla may seem to live in a different world from the rest of us – rockets, driverless cars and all – but it sometimes helps to be reminded that even the likes of Elon Musk are not free from the IR issues that all businesses must navigate. This was illustrated by a…

Transgender inclusion in the workplace

By Rebecca Goulter

A photo of the inside of someone's left hand with the fingers spread, and on the palm is painted with 5 painted lines in the order (from left to right) of blue, pink, white, pink and blue. These painted links make up a sort of square right in the middle of the palm. The background of the hand is a blush pink.

Seven years ago, on 1 August 2013, it became unlawful across all of Australia to discriminate on the basis of sexual orientation, gender identity, and intersex status under the Sex Discrimination Act 1984. This change was the result of decades of work from activists in the LGBTIQ+ community and their allies to positively shift society’s…

Guilty as charged: when considering a criminal record might amount to discrimination

By Rebecca Goulter

a piece of paper with various finger prints on it - commonly seen when police need to collect fingerprints from suspects or criminals

The Federal Government has offered employers some clarity around recruiting applicants with criminal records, after the Australian Human Rights Commission (‘AHRC’) found that Suncorp discriminated against a job applicant with a record. The Australian Human Rights Commission Regulations 2019 (‘the new regulations’) [1], which commenced on 1 October 2019, have replaced the Australian Human Rights…

Mental health and discrimination

By Rebecca Goulter

An image of eleven blue 3D human cut out figures are seen standing in a circle, with one red 3D human cut out standing outside of the circle to the left.

The last major study into mental health in Australia by the Australian Bureau of Statistics confirmed that 15% of Australians had experienced an affective disorder like depression, while 26.3% have experienced an anxiety disorder. The increasing awareness of mental health amongst the general population also means that workers are more aware than ever of the…

The Israel Folau Saga

By Rebecca Goulter

A shot of a person's hands with their fingers clasped together laid in the middle of an open book.

It has been heralded as the test case on where to draw the line on the freedom to practise religion, and how much say an employer has in their employees’ personal lives. Regardless of where you stand in the debate, there is no doubt that it has touched on many issues that are important to…

Judge not: Commission confirms criminal history is no silver bullet for employers

By Sophie Goodall

a shoulder to chest shot of a person's body (only their right hand side of the body) holding a blank white piece of paper in front of a background with height measurement lines displaying the numbers 140 and 150, insinuating a mug shot.

For many retail businesses, criminal history checks make a lot of sense. With responsibilities such as handling cash, dealing with members of the public, and working with young people, retailers are required to place a significant amount of trust and confidence in their employees. However, relying on a criminal history check to decline to offer…