Discrimination In The Workplace
Learn how to stop discrimination at work and create a safe, inclusive workplace.
Download our guide to managing your teams mental health
You might have heard people talking about workplace discrimination, but what does it actually mean? How can you make sure your workplace is a discrimination free zone?
And, if you suspect that you or someone you’re working with is experiencing workplace discrimination, what can you do to stop it?
In this module we’ve got some info to help you make sure everybody has a safe, respected place in your workplace.
What is workplace discrimination?
Workplace discrimination is where a person, or group of people, are treated less favourably in the workplace (including recruitment and hiring) than another person or group of people because of their background or characteristics.
Australia has federal (Commonwealth) laws protecting people from workplace discrimination, and these nation-wide laws protect people from discrimination on the basis of their:
- race – including colour, national or ethnic origin and immigration status
- sex, pregnancy (including breastfeeding) and marital status
- age
- disability
- sexuality and gender identity.
Different Australian States or Territories may have some additional characteristics protected from discrimination under their State or Territory laws – for more info check out the Australian Human Rights Commission fact sheet to find out if there are any extra requirements where you work.
Workplace discrimination can happen at all points in an employee’s relationship with a company, from hiring to firing.
Workplace harassment
Workplace harassment is a common type of workplace discrimination. Unlike bullying which is repeated behaviour, workplace harassment can be a single, isolated incident: it’s that serious. Workplace harassment can include:
- insulting jokes
- sexually explicit emails, text messages or material
- displaying racist or pornographic material
- making derogatory comments
- teasing
- asking intrusive questions about someone’s personal life.
In addition to the federal and state/territory laws to protect workers from discrimination, there are federal laws in Australia protecting people from sexual harassment; disability harassment; and racial hatred.
See our guide on how to prevent bullying in the workplace.
What can I gain from eliminating workplace discrimination?
Aside from protecting yourself and your workplace legally (remember: workplace discrimination is illegal in Australia), there are lots of benefits to gain from eliminating workplace discrimination. These include:
Workplace harmony – a place where everybody feels safe and protected
Increased productivity – everybody feels valued and able to contribute their best work
Reduced absenteeism – less people taking stress leave because they’re being harassed or unfairly treated
Decreased staff turnover – people will want to stick around if work’s a good place to be
Trust – when everybody is respected at work people are more likely to trust each other and have each other’s backs
Collaboration and cooperation – not only will you get individual’s best work, you’ll get the work of a team pulling together: and the whole is almost always greater than the sum of its parts
Increased employee and customer satisfaction – your workers will be happier and this will show in how well they treat customers.
What should I do if I experience workplace discrimination or harassment?
Experiencing workplace discrimination or harassment – whether you or someone else is the target – is really unpleasant. It can leave you feeling:
- scared
- guilty
- confused
- upset
- angry
- hurt
- belittled
- isolated/alone
- depressed
- anxious.
None of these are great things to be feeling. As you can imagine, feeling these feelings starts to impact on your work performance and your general mental health.
There is some good news though – you can take steps to address what you experienced, and steps you can take to look after yourself. Not all of these steps may feel right to you, so pick the ones that make the most sense or feel like they are do-able.
Steps to address workplace discrimination and harassment
Talk to a:
- supervisor/manager
- human resources (HR) person
- union
- workplace health and safety representative
- Counsellor through your EAP provider
Learn about your rights – some useful places to start are:
Australian Human Rights Commission: https://humanrights.gov.au/our-work/complaint-information-service/work-out-your-rights-information-employees
Report the issue to the Fair Work Ombudsman (https://www.fairwork.gov.au/workplace-problems/fixing-a-workplace-problem/report-an-issue-anonymously) – you can do this anonymously (without giving your details) so this step is a good one if you are worried about people at work knowing that you’ve ‘dobbed’ on them.
Steps to look after yourself when you’ve experienced/witnessed workplace discrimination and harassment
1. Get some free, confidential counselling from workplace or EAP counsellors
They are professionally obliged to hold your information ‘in confidence’ (not share it with anyone). All Foremind counsellors are professionals so they take their confidentiality responsibilities seriously
2. Acknowledge that experiencing/being exposed to workplace discrimination and harassment is stressful, so look after yourself by:
- caring for your body – eating good food, moving every day, drinking enough water
- spending time with the people you trust and who look after you
- sharing what’s happening – getting it off your chest
- doing things that help you relax – going for a surf, a hike, or having a TV watching marathon: whatever works for you, make sure you’re doing it
3. Remind yourself you’re protected by Australian law
You do not have to put up with workplace discrimination and harassment (either of yourself or another person): your rights are important. You’re not being ‘weak’ or a ‘whinger’ for pursuing your rights – in fact you are being strong and standing up for yourself and others.
Where can I go for more help?
Dealing with workplace discrimination and harassment is tricky, but there are people and resources out there to help you. Here are some places to go for more help:
Your Employee Assistance Program (EAP) like Foremind – free, confidential counselling available over the phone or zoom so you can fit a session in with your busy life
The Fair Work Ombudsman – the federal (i.e. nation wide) government agency responsible for ensuring workers are treated fairly: https://www.fairwork.gov.au
Safe Work Australia – the federal (i.e. nation wide) government agency responsible for protecting people’s safety at work, including safety from harassment and discrimination: https://www.safeworkaustralia.gov.au/
Your GP or doctor – able to look after your mental and physical health
Lifeline – 13 11 14 – available 24/7 for crisis support
BeyondBlue – https://www.beyondblue.org.au/get-support/talk-to-a-counsellor – offers both telephone and online counselling 24/7.
Help is always available
Here are some useful resources for more help – for you and for your team:
- Lifeline – 13 11 14 and https://www.lifeline.org.au/ – offers fee, confidential, 24/7 telephone crisis support and lots of info and resources on their website
- Beyond Blue – https://www.beyondblue.org.au/ – info and support about mental health and suicide prevention
- Heads Up – https://www.headsup.org.au/ – the part of Beyond Blue that is specially developed for mental health in the workplace
This post has discussed challenging topics, which can be confronting for particular readers. If you need support, please feel free to contact Lifeline on 13 11 14 or 000 if you need immediate help to stay safe.
Answers to the frequently asked questions.
Our last EAP was barely touched. Why would this be different?+
Most EAPs go unused because of how they're accessed, not because staff don't need them. Phoning a stranger, explaining yourself, then waiting weeks is enough to stop most people before they start. Foremind removes all three steps: staff see real counsellor profiles, pick someone themselves, and book the same day.
If you already have a provider, the question worth asking is what your current utilisation is. Most traditional EAPs sit in low single digits, which means you're paying for cover your people aren't reaching. If yours is being used, staff can get seen quickly, and it covers your psychosocial obligations, there's no reason to move. If not, it's worth knowing what you're getting for the spend.
Do you offer 24/7 support?+
Yes. A 24/7 after-hours crisis line means staff can reach someone immediately at any hour, including nights and weekends.
Counselling appointments are also available outside standard business hours, so shift-based and on-call teams aren't limited to a nine-to-five window. Those are two different things, and it's worth checking any provider offers both rather than just the crisis line.
Are your EAP counsellors based in Australia?+
Yes. Every practitioner on the platform holds current membership with an Australian professional body and practises under Australian standards, codes of ethics and disciplinary frameworks. There are no offshore call centres.
Practitioners hold membership with the Australian Counselling Association, the Psychotherapy and Counselling Federation of Australia, or the Australian Association of Social Workers, along with a current Working with Children or Vulnerable People Check.
How much does an EAP cost?+
Pricing is usually per employee per month, based on total headcount rather than how many people use the service. Costs vary widely depending on whether sessions are bundled in and whether compliance tooling is included.
A more useful comparison is cost per employee who actually uses it. An EAP with 2% utilisation can work out several times more expensive per person helped than one that gets used. Foremind offers pay-as-you-go, inclusive session plans and compliance-inclusive plans, with discounted pricing for not-for-profits and charities.
For full breakdown of our plans, see our EAP pricing page or request a quote for a tailored proposal.
What information does an employer receive about EAP usage?+
Nothing that could identify anyone. All counselling is completely confidential and all reporting is anonymous - you'll never see who booked, when, or what was discussed.
What you do see is the aggregated picture: how many people are using it, what psychosocial risks are prevalent in the business, and which teams are under pressure. Enough to know the investment is working and where to act, never enough to identify a person. Reporting thresholds mean small teams can't be reverse-engineered from the data.
Does having an EAP meet an employer's psychosocial duty of care?+
No. An EAP is a control measure, and a valuable one, but it only addresses harm after it has occurred. It doesn't identify hazards, assess risk, or evidence that controls are working.
Australian WHS law requires you to identify psychosocial hazards, assess the risk, control it so far as is reasonably practicable, and review whether those controls are working — with documented evidence at each step. Offering counselling on its own leaves three of those four steps undocumented.
Foremind covers both in one platform. See how the compliance side works in our product tour.