Legal Aid: A Blog About Laws And Legal Processes

Legal Matters: Understanding Unlawful Discrimination

1 December 2015

Renee Bates

In the legal context, the term discrimination is used to refer to the unfair treatment of individuals or groups because of personal characteristics. It is against the law to show this form of discrimination in certain areas of life, including places of work, schools, public establishments and the local government. It is important to understand the laws concerned with discrimination at work if you believe you have a case. This information will guide you when taking legal action against the involved company or employer with the assistance of your lawyer.

Discrimination and the Law

There are diverse laws that target different areas of discrimination in the country. The Equal Opportunity Act 2010 prohibits segregation and unfair treatment of people for certain outlined attributes. The common pertinent attributes include age, disability, gender identity, race, sex and sexual orientation. It is also unlawful for anyone to discriminate against you based on your marital status, your position as a parent or caregiver, physical features, lawful sexual activities and pregnancy. In addition, your political or religious beliefs, industrial activities and association with people with the aforementioned traits should not be a basis for victimisation. If you feel that you have received unfair treatment in your place of work as a result of these elements, it is advisable to consult a lawyer.

Direct Discrimination

It is important to know the different forms of discrimination because you will need to provide evidence of the unfair actions in court during the proceedings. Direct discrimination refers to action that treats or proposes to treat you unfavourably. For example, it is direct discrimination if a government office denies you employment because of your sexual orientation. According to the anti-discrimination laws, you must prove that the person treating you unfairly has acted in a different way than they would with other people. In the above case, you should demonstrate that a person with less qualifications and experience but lacking your sexual orientation was given the position unfairly.

Indirect Discrimination

Indirect discrimination occurs when a condition or practice in your workplace appears to be the same for all parties. However, the practice can pose a disadvantage for you because of a special attributes. Indirect discrimination will be unlawful if the requirement imposed on you is unreasonable for your circumstances. For example, you can be excluded and inconvenienced if your employer demands that workers be in the office very early in the morning, but you need to see your kids off to school first. In a lawsuit, you should be able to prove that the treatment imposed on all people puts you at disadvantage, as a result of your significant personal attribute.

For more information, contact a lawyer from a firm like CLP Legal. 

Share