Sexual harassment is an unwanted sexual advancement, an unwanted request for sexual favours or any other undesirable behaviour of a sexual nature in circumstances where a reasonable person would have expected the other person to be insulted, humiliated or intimidated (section 92 of the Equality Act). Sexual harassment can be a number of different actions; For example, jokes, unwanted touching or kissing, using sexually explicit screensavers or computer posters, requesting sexual favors, and sending emails or text messages with sexual content. The Victorian Equal Opportunity and Human Rights Commission is responsible for overseeing Victoria`s discrimination laws. A full list of areas and types of discrimination can be found on their websiteexternal link or call the Commission`s toll-free enquiry point on 1300 292 153. Discrimination is also prohibited by Commonwealth anti-discrimination legislation. Under anti-discrimination laws, there are two types of unlawful discrimination: direct discrimination and indirect discrimination. Unlawful discrimination is prohibited in these areas: employees, customers and managers involved in reporting and handling a complaint of discrimination or harassment are available for help even after the issue has been resolved. The Fair Work Boardexternal link is responsible for hearing lawsuits against employers under the Fair Work Act, including discrimination in the workplace. The Fair Work Ombudsmanexternal link provides information and advice on rights and obligations in the workplace. The Ministry`s Policy on Gender Equality and Combating Discrimination sets out the equal opportunities rights and obligations of employees and the Ministry.

All employees of the Department are required to comply with departmental legislation and directives. Managers and clients must ensure that the Equality and Anti-Discrimination Directive, legislation and related principles and practices are integrated into appropriate workplace plans and activities. Local government (§ 73 of the Equal Opportunities Act) covers discrimination against a member of the council (in the performance of his public duties) against another member of the council of the same board or a member of a committee of the board. The Equality Act (§ 15) creates a positive obligation that obliges holders of obligations under the Equality Act to take appropriate and proportionate measures to eliminate discrimination, sexual harassment and victimisation as far as possible. From 14. In June 2022, schools will only be allowed to discriminate on the basis of a student`s or potential student`s religious beliefs or activities. However, discrimination must be appropriate and proportionate in the circumstances and: Victoria has had an Equal Opportunities Act since 1977. The current law is the Equality Act 2010 (external link).

The legislation protects persons against discrimination on the basis of their individual characteristics in certain areas of public life and provides for reparations for persons who have been discriminated against. In addition, discrimination, sexual harassment and victimization should be eliminated to the extent possible. Indirect discrimination (section 9 of the Equality Act) The Fair Work Act 2009 (Cth) also aims to protect workers from discrimination in the workplace. It is illegal for an employer to take “adverse action” based on your protected attribute (e.g., firing you from your job or offering you fewer shifts). Direct discrimination occurs when a person with a particular attribute is treated (or suggested) unfavourably because of that attribute. The direct discrimination test focuses on the reasons for the treatment. There are also Commonwealth discrimination laws that protect the rights of individuals in public life and in dealings with Commonwealth government departments and agencies. However, victimization is also illegal under discrimination laws. Not all acts of discrimination are illegal under the Equality Act. Unlawful acts of discrimination are only those that occur in certain areas of public life on the basis of a protected attribute.

Discrimination may be direct or indirect (see “Direct and indirect discrimination” below) or a breach of one of the independent obligations of the Equality Act (§ 7). Attribute discrimination includes discrimination based on: discrimination may occur with respect to the supply of those goods and services by refusing to provide goods and services; the conditions under which the goods and services are supplied; or by exposing a person to another disadvantage related to the provision of goods and services. The ground for discriminatory conduct under the Equality Act is irrelevant (§ 10). Similarly, in determining whether or not a person has discriminated directly or indirectly against a person, it does not matter whether the person is aware of the discrimination (see 8(2), 9(4)). Discrimination may occur by a person acting alone or with others, or by doing an action or not doing something (§ 11). The Australian Human Rights Commission is responsible for monitoring Commonwealth anti-discrimination and human rights laws. On their website you will find information about age discriminationExternal link, genderExternal link, raceExternal link, disabilityExternal link and other protected rightsExternal link. These amendments strike a fairer balance between the right to freedom of religion and the right to be free from discrimination. Discrimination against clubs and club members (s. 64, 65 of the Equality Act) includes applicants for membership or discrimination against current members: it is not possible to assert a claim with the VEOHRC or VCAT for breach of the positive obligation, but the VEOHRC may investigate violations of the positive obligation in the context of the investigation of systemic discrimination under the Part 9 of the Equality Act (see “Investigations”). For example, a person is informed that even though they were the best candidate for a job, they did not succeed because they are too young.

It doesn`t matter if there is more than one reason for processing, as long as the attribute is a material reason. Under the Equal Opportunities Act 2010 (Vic), there is direct discrimination when someone treats you badly or unfavourably, or tries to treat you unfavourably because of your protected characteristic. Keep in mind that some of your options have a 21-day limit, so it`s important to get advice as soon as possible after discrimination. A person who believes that they have been asked for information that could be used for discrimination may bring a dispute before the VEOHRC. The issue would be treated in the same way as a dispute over discrimination. The Equality Act aims to promote the right of everyone to equal opportunities; eliminate discrimination, sexual harassment and victimization as much as possible; and providing redress to persons whose rights have been violated. According to the amendments, religious institutions and schools are prohibited from discriminating against individuals (except in certain circumstances where discrimination is appropriate and proportionate) on the basis of: There are a number of exceptions to the above conduct, some of which are described below (see “Exceptions in the Equality Act” in “Exceptions to the prohibition of discrimination”). It is important to check if there is an exception that applies to your situation, as this means that the behavior, while discriminatory, is not illegal. In the case of indirect discrimination, you must be able to prove that, although you are treated like everyone else, you are discriminated against because of your protected attribute.

You must also demonstrate that the requirement is not appropriate in the circumstances. It is possible to bring a dispute over racial or religious defamation and racial or religious discrimination under the Equality Act to the VEOHRC at the same time.