Know your rights – getting a fair go

Equal opportunity is more than just a cool idea - it's the law! It's about ensuring that everyone in the workplace gets a fair go and is not discriminated against.

Discrimination is when someone is not treated as fairly as someone else in a similar situation.

If you have what it takes to do the job, your employer has to give you the opportunity to show your worth, regardless of your:

• sexual preference
• religion
• political opinion
• race.

And regardless of whether you:

• are a man or a woman
• have a physical or intellectual disability
• are a new migrant or from a migrant background
• are young or old
• are married or single.

1st job fact: Did you know that asking for particular information, such as marital status or childcare responsibilities or religion, during an interview is illegal?

There are two types of discrimination – direct and indirect.

Direct discrimination is treating someone unequally (or unfairly) simply because they belong to a particular group or category of people. For example, you answer a job advertisement for a receptionist. You’re told over the phone that because you’re a man, you’d be wasting your time.

Indirect discrimination results when a requirement, rule, policy, practice or procedure which appears to treat everyone the same is applied, and it has an unfair effect on particular individuals or groups of people. For example, a job advertisement says that all applicants must have ten years experience in the field. (A young person could be well qualified but is ineligible for the job.)

Equal opportunity is a legal right in the workplace

Equal training opportunities

You should receive the same opportunity to attend training sessions as others who does the same job as you.

Equal chance of getting a promotion

You should have the same chance of getting a promotion as everyone else who has the same qualifications and experience.

Enjoy the same conditions of employment

Your conditions of employment are the terms under which you agree to work and include your wage or salary amount, number of working hours and the times in which you work. You can have conditions of employment that are different to your workmates, as long as the reason for the difference is not discriminatory.

There are many laws that ensure you get a fair go at work. Here are some of those laws

The Australian Human Rights Commission (previously the Human Rights and Equality Opportunity Commission) was established in 1986. It was set up to look into actions which are discriminatory.

There are a number of federal laws that force employers give everyone a fair go. These laws include:

• Racial Discrimination Act 1975
• Sex Discrimination Act 1984
• Human Rights and Equal Opportunity Commission Act 1986
• Disability Discrimination Act 1992
• Workplace Relations Act 1996
• Age Discrimination Act 2004. .

The AHRC is responsible for making sure employers follow these laws. Their other responsibilities include:

• educating people about equal opportunity and human rights
• handling discrimination and human rights complaints from people
• helping make laws related to equal opportunity and human rights.

Say you applied for a job or asked the boss for a promotion and you were refused simply because of your age. If you think you have enough skills and qualifications and experience for the job you would have every right to appeal against that decision. The AHRC is where you would lodge your appeal.

Unions can help you get a fair go and fight discrimination

Everyone who works is entitled to join a union – this is your legal right. People join unions so they can get information, advice and support in the workplace.

Unions also help negotiate pay increases and improvements at work.

Joining your first union is easy – simply call unions Australia 1300 486 466 or visit http://www.unionsaustralia.com.au/.

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