Types of Discrimination at Work and How to Manage Them in Australia

Workplace discrimination is not a hypothetical risk for Australian employers it is one of the most litigated and regulated areas of employment law, and the data suggests it remains significantly underreported.

In 2024–25, the Australian Human Rights Commission (AHRC) received 2,797 unlawful discrimination complaints, a 3% increase on the prior year. General protections claims involving dismissal at the Fair Work Commission are up 45% since 2024. And these figures represent only formally lodged complaints. Research consistently shows that most people who experience discrimination at work never file a formal complaint at all.

For HR managers, compliance officers, and business owners, this creates a very specific problem: the absence of complaints is not evidence of an inclusive workplace. It is often evidence of a culture where people do not feel safe or do not know how to speak up.

This article walks through the most common types of discrimination in Australian workplaces, explains the legal framework governing each, and outlines what employers are legally required to do to prevent them.

Understanding How Discrimination Works in Australian Law

Before examining specific types, it is important to understand the two primary forms of discrimination and why the distinction matters legally.

• Direct discrimination occurs when a person is treated less favourably because of a protected attribute. It is usually overt refusing to hire a qualified candidate because of their age, denying a promotion to a pregnant employee, or making derogatory comments about a colleague's religion.
• Indirect discrimination is subtler and, for many organisations, more legally dangerous because it is harder to identify. It occurs when a workplace policy, rule, or practice appears neutral on its face but disproportionately disadvantages people with a particular protected attribute. A rigid 9 am start time may disadvantage employees with school-aged children. A uniform policy that does not accommodate religious dress. A "no sitting" rule that excludes workers with certain disabilities. None of these necessarily intends to discriminate but under Australian law, intent is irrelevant. Impact is what matters.
• The positive duty represents a significant shift in how Australian law approaches discrimination. Since December 2023, employers have had a positive duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination, and victimisation in the workplace. The AHRC has outlined seven key standards employers must meet covering leadership responsibilities, training and education, monitoring and reporting systems, and policies and procedures. Employers who were only responding to complaints are now legally required to do more.
• Vicarious liability means that employers can be held responsible for the discriminatory conduct of their employees unless they can demonstrate they took all reasonable steps to prevent it. This is the legal basis for why a sound workplace policy, regular training, and documented complaint processes are not optional. They are your primary legal defence.

The 12 Most Common Types of Discrimination in Australian Workplaces

The following types are those most reported to the AHRC, the Fair Work Commission, and state and territory anti-discrimination bodies. Each is covered by specific federal and/or state legislation.

1. Age Discrimination

Treating a person less favourably because of their age whether considered "too old" or "too young" is prohibited under the Age Discrimination Act 2004 (Cth) and state equivalents.

Common examples include passing over an experienced candidate in their 50s without objective justification, assuming an older worker cannot adapt to new technology, or using age-based language in job advertisements such as references to a "dynamic young team."

2. Sex and Gender Discrimination

Treating someone unfavourably because of their sex, gender identity, or gender expression is covered under the Sex Discrimination Act 1984 (Cth) and applies to women, men, and non-binary individuals.

In practice, this includes overlooking a woman for a leadership role due to assumptions about family commitments, unequal pay for equivalent work Australia's gender pay gap currently sits at 11.5% for full-time adult employees and gendered assumptions embedded in performance reviews.

3. Racial Discrimination

Treating a person less favourably because of their race, colour, descent, national or ethnic origin, or immigrant status is prohibited under the Racial Discrimination Act 1975 (Cth). Racial harassment and racial vilification are also unlawful.

Examples include biased recruitment decisions based on name, accent, or country of origin, and systemic patterns in promotion or pay that disproportionately disadvantage particular racial groups.

4. Disability Discrimination

Treating someone unfavourably because of a physical, intellectual, sensory, or psychiatric disability is covered under the Disability Discrimination Act 1992 (Cth). Importantly, employers are required to make reasonable adjustments to accommodate employees with disabilities unless doing so causes unjustifiable hardship.

Failure to provide reasonable adjustments such as assistive technology, modified hours, or accessible workspaces is itself a form of discrimination, not merely a best-practice failing.

5. Sexual Orientation Discrimination

Treating someone unfavourably because they are gay, lesbian, bisexual, or of another sexual orientation has been protected under the Sex Discrimination Act 1984 (Cth) since the 2013 amendments. The AHRC noted in 2024 that 4% of Sex Discrimination Act complaints were based on sexual orientation, with homophobic comments in workplaces the most cited issue.

6. Pregnancy and Parental Discrimination

Treating a person unfavourably because they are pregnant, have recently given birth, are breastfeeding, or have taken or are planning to take parental leave is covered under both the Sex Discrimination Act 1984 (Cth) and the Fair Work Act 2009 (Cth).

This includes removing a pregnant employee from projects without cause, failing to explore flexible return-to-work arrangements, or restructuring a role during parental leave in a way that effectively eliminates their position.

7. Religious Discrimination

Treating someone less favourably because of their religious beliefs or practices is protected under state and territory anti-discrimination laws and under the Australian Human Rights Commission Act 1986 (Cth) for federal public sector workers. A dedicated federal Religious Discrimination Act has not yet been enacted, making this a complex and evolving area.

Common issues include denying leave requests for religious observances that would be routinely granted for other purposes, and creating a hostile environment around religious dress.

8. Marital or Relationship Status Discrimination

Treating a person unfavourably because they are married, in a de facto relationship, separated, divorced, or single is covered under the Sex Discrimination Act 1984 (Cth) and state legislation.

In practice, this includes assuming a single employee has fewer commitments and should therefore absorb more workload, or making negative assumptions about a divorced employee's professionalism or stability.

9. Gender Identity Discrimination

Treating someone unfavourably because of their gender identity including transgender and gender diverse individuals has been protected under the Sex Discrimination Act 1984 (Cth) since 2013. In 2024, 6% of Sex Discrimination Act complaints to the AHRC related to gender identity.

This includes refusing to use a colleague's correct pronouns, excluding gender diverse employees from relevant facilities, and denial of employment based on gender identity.

10. Political Opinion Discrimination

Treating someone unfavourably because of their political beliefs or activities is less uniformly covered at the federal level, but is included in some state and territory legislation and under the Australian Human Rights Commission Act for federal workers.

Examples include disciplining an employee for expressing political views outside work hours, and making hiring or promotion decisions based on political affiliation.

11. Carer's Responsibilities Discrimination

Treating someone unfavourably because of their responsibilities as a carer for a child or other family member is covered under the Sex Discrimination Act 1984 (Cth) and various state laws. This type of discrimination often overlaps with sex discrimination, as caring responsibilities disproportionately affect women.

Common examples include refusing flexible work requests from parents without genuine consideration, and excluding workers with caring responsibilities from training opportunities based on assumptions about their availability.

12. Victimisation

Treating someone adversely because they have made a complaint of discrimination or harassment, participated in an investigation, or supported someone who has, is prohibited under all major Australian anti-discrimination laws.

Victimisation can be overt demotion or dismissal following a complaint or subtle, such as changing rosters, reducing hours, or creating a hostile environment for someone who gave evidence in an investigation.

The Discrimination You Cannot See: Unconscious Bias and Systemic Patterns

A significant proportion of the types of discrimination in Australian workplaces operates at a subtler level through unconscious bias the automatic, unintentional attitudes and stereotypes that influence decision-making.

A hiring manager who gravitates toward candidates who "feel like a good cultural fit" may be acting on an unconscious preference for people similar to themselves. A performance reviewer who describes a woman's assertiveness as "aggressive" while describing identical behaviour in a man as "confident" is exhibiting gender bias without necessarily being aware of it.

The law does not require intent for discrimination to be unlawful. Indirect discrimination can be entirely unintentional. And systemic patterns of disadvantage even without any single discriminatory decision that is easy to identify can constitute evidence of an unlawful discriminatory practice.

This is why training that addresses unconscious bias is increasingly considered essential not just as a cultural initiative, but as part of an employer's legal obligation to take reasonable steps to prevent discrimination.

What Employers Are Legally Required to Do

Understanding the types of discrimination matters. Understanding your obligations matters equally. The legal framework creates specific duties that go well beyond maintaining a workplace policy document.

• Maintain fair and non-discriminatory recruitment practices. Job advertisements, selection criteria, interview questions, and hiring decisions must be based on the genuine inherent requirements of the role. Employment checks must be applied consistently and proportionately.
• Make reasonable adjustments for disability. This is not discretionary. Failure to make reasonable adjustments is itself a form of discrimination under the Disability Discrimination Act.
• Implement and enforce clear policies. Written anti-discrimination and equal employment opportunity (EEO) policies are the foundation of a defensible compliance position but only if they are actively communicated, regularly updated, and formally acknowledged by all staff. A policy that lives on an intranet that no one reads provides minimal legal protection.
• Deliver regular, legally grounded training. Recent court decisions have reinforced that training is not optional. The positive duty under the Sex Discrimination Act specifically identifies training and education as one of seven key standards employers must meet. Respect at work training must be regular, appropriate to seniority level, and substantively address the types of discrimination and harassment that can occur. Generic awareness content is not sufficient.
• Maintain a clear and safe complaint process. Employees must have a safe, accessible, and confidential way to raise concerns. An employer who cannot demonstrate a functioning complaint process is poorly positioned when discrimination claims escalate to formal proceedings.
• Investigate complaints promptly and impartially. The obligation to investigate is not discretionary. Delay, dismissal, or biased investigation can itself constitute a breach. Document every step: the complaint received, the investigation process, the findings, and the action taken.
• Actively discharge the positive duty. For sex-based discrimination and harassment, employers must now go beyond reactive complaint handling. The AHRC's seven key standards leadership, culture, knowledge, risk assessment and transparency, support, reporting and response, and prevention of victimisation are active operational requirements, not values statements.

The Real Cost of Getting This Wrong

Workplace discrimination claims carry financial, reputational, and cultural consequences that extend well beyond the immediate legal matter.

Legal costs can be substantial even for matters that do not reach litigation. Those that do can run to six figures before any settlement or judgment. Courts and tribunals can award compensation for economic loss, pain and suffering, and humiliation. Poorly managed matters attract media attention, damage employer brand, and directly affect an organisation's ability to attract and retain talent.

Perhaps most significantly, when discrimination is known to occur and is not addressed, it signals to the broader workforce that certain people are not valued. Disengagement, absenteeism, and turnover follow.

The AHRC has also signalled active sector focus. Retail and hospitality are currently under heightened scrutiny. Healthcare and aged care have consistently high complaint volumes. Being reactive is no longer a viable strategy.

Final Thoughts

Workplace discrimination in Australia is not declining. Complaint volumes are rising, regulatory expectations are expanding, and the positive duty framework means employers can no longer wait for complaints before acting.

Understanding the types of discrimination in Australian workplaces is the starting point. But the organisations that genuinely protect their people and themselves are those that go further: delivering regular respect at work training, maintaining clear and acknowledged policies that reflect the current equal employment opportunity framework, building safe complaint channels, and creating a culture where discriminatory conduct is genuinely not tolerated.

If your organisation's current approach to discrimination prevention relies on a workplace policy document last updated several years ago, a one-off induction module, or the assumption that "we'd know if something was wrong" it is worth asking a harder question: could you demonstrate your positive duty compliance to the AHRC today?