What attributes are protected from workplace discrimination in Australia?

Federally: sex, gender identity, sexual orientation, intersex status, marital/relationship status, pregnancy or potential pregnancy, breastfeeding, family/carer's responsibilities, race, national extraction, social origin, disability, and age (Sex Discrimination Act 1984, Race Discrimination Act 1975, Disability Discrimination Act 1992, Age Discrimination Act 2004, plus AHRC Act ILO 111). The Fair Work Act 2009 s351 adds religion, political opinion, and industrial activity. State acts add others — for example breastfeeding, irrelevant criminal record, and physical features in some states.

What's the difference between direct and indirect discrimination?

Direct discrimination is being treated worse explicitly because of a protected attribute — for example, not hired because of your age. Indirect discrimination is when a neutral rule, policy or requirement disadvantages people with your attribute and the rule isn't reasonable in the circumstances — for example, a height requirement that excludes most women without a genuine occupational reason. Both are equally unlawful, but they need different evidence to prove.

Where do I lodge a workplace discrimination complaint?

Three main pathways. (1) Australian Human Rights Commission (AHRC) — for sex, race, disability, age federally; 24-month time limit since the 2022 Respect@Work reform; conciliation-led; free. (2) Fair Work Commission general protections — applies to all attributes including religion, political opinion, industrial activity; 21 days if you've been dismissed, 6 years if not; reverse onus on the employer. (3) State anti-discrimination body (Anti-Discrimination NSW, VEOHRC, QHRC, etc.) — varying time limits, often 12 months. You usually can't run AHRC and a state complaint in parallel for the same conduct — pick one.

What's the time limit to lodge a discrimination claim in Australia?

AHRC: 24 months from the most recent act of discrimination (Sex Discrimination Act, Race Discrimination Act, Disability Discrimination Act, Age Discrimination Act since 2022). FWC general protections: 21 calendar days from dismissal, or 6 years if employment hasn't ended. State bodies: usually 12 months (Tasmania 6 months; ACT 24 months). Don't delay — late applications are rarely accepted.

Can I claim compensation for workplace discrimination?

Yes — under all three pathways. Federal Circuit and Family Court (after AHRC conciliation fails) and the FWC can award compensation for hurt, humiliation, lost wages, and consequential loss. Reinstatement is available if you were dismissed. State tribunals can also award compensation. Civil penalties under the Fair Work Act s546 can apply on top — currently up to $18,780 per contravention for an individual and $93,900 for a company.

Discrimination Claim Builder

Tells you which complaint pathway fits your situation — AHRC, Fair Work Commission, or state body — with the time limit remaining for each. Then drafts your complaint.

Last verified: 1 July 2025

1. Pick the protected attribute(s)

You can select more than one. These are the attributes federally protected from workplace discrimination — your state may protect more.

2. Direct or indirect?

3. What was the adverse action?

4. When + where

Date of most recent act

State / territory

My employment has ended (dismissed / resigned / not renewed)

How to Make a Discrimination Complaint to the AHRC (Australian Human Rights Commission) 2026

Step-by-step guide to making a federal discrimination complaint to the Australian Human Rights Commission. Covers the 4 federal anti-discrimination laws, direct vs indirect discrimination, the conciliation process, time limits, costs, and what happens if conciliation fails.

General Protections Claim — Alternative to Unfair Dismissal

A general protections claim under the Fair Work Act protects workplace rights with no income cap and no minimum service period. Learn about adverse action, reverse onus, remedies, and the 21-day time limit.

How to Lodge a Complaint About AI Discrimination at Work in Australia

Step-by-step guide to lodging a complaint about AI discrimination in the workplace. Covers Fair Work Commission, Human Rights Commission, and state anti-discrimination bodies.

Get notified when rates change

Free alerts when minimum wage, award rates, or workplace laws are updated.

Free forever. No spam. Unsubscribe anytime.

Stuck on your numbers?

Email us with your situation and we'll point you to the right answer. Real human.

hello@fairworkmate.com.au

General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.

Discrimination Claim Builder

1. Pick the protected attribute(s)

2. Direct or indirect?

3. What was the adverse action?

4. When + where

Related Articles

Related Tools