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 Respect at Work reforms (2021 for sex discrimination, 2022 for the other Acts); 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; for other adverse action there is no FWC time limit and court proceedings can be brought within 6 years, even after employment ends; 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 the Respect at Work reforms of 2021 and 2022). FWC general protections: 21 calendar days from a dismissal; other adverse action has no FWC time limit, with court proceedings within 6 years. State bodies: usually 12 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 — from 1 July 2026 up to $21,840 per contravention for an individual and $109,200 for a company with fewer than 15 employees, or $546,000 for one with 15 or more.

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Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.

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