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Discrimination

What is discrimination?

Discrimination means treating people differently not because they are better or worse but because of personal characteristics such as race, gender, religion,  sexuality, marital status, disability, age or political beliefs. In Australia it is usually illegal to use these personal characteristics when deciding whether to give someone a job, housing or other services. 

Forms of discrimination

Negative discrimination is the unfair treatment of individuals on the basis of difference regarding personal characteristics or preferences, such as when a woman is not hired for a job because the employer believes women are inferior to men.  Negative discrimination can also be indirect, where the like and supposedly neutral treatment of a collective has an unfair effect on particular individuals or groups. For example, when access to the local public library is restricted to stairs, making wheelchair-bound individuals unable to enter. Negative discrimination is an expression of ignorance, and forms a barrier against achieving a harmonious society.

In contrast, positive discrimination is the beneficial treatment of individuals distinguished on the basis of differences regarding personal characteristics or preferences. The underlying aim of positive discrimination is to facilitate greater equality of opportunity and access. For instance, in Australia employers can sometimes discriminate upon age if it will benefit people who have experienced disadvantages as a result of their age. Positive discrimination recognises that diversity is an accepted part of Australian culture, not merely something that must be tolerated.

Where does discrimination occur?

Discrimination can occur in 

  • Education
  • Employment
  • Goods and services
  • Selling and transferring land
  • Sport
  • Clubs
  • Advertising
  • Accommodation. 

Dealing with negative discrimination – the four Cs

Communicate your feelings and details of the situation to someone you trust, like a parent, friend or teacher.

Confront the person(s) who is discriminating against you, and tell them you object to their treating you unfairly.

Contact someone who is trained to deal with such situations, starting with a union officer or school counsellor.

Complain to management or your employer or the appropriate Government department. In Victoria, you can complain to the Victorian Equal Opportunity and Human Rights Commission. The ADC can assist you in making a complaint.

Want to find out more?

Human Rights and Equal Opportunity Commission

Equal Opportunity Commission

Victoria Civil and Administrative Tribunal Anti-Discrimination List

Department of Employment and Workplace Relations

Lawstuff; Know Your Rights

Related laws



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