Possible Causes of Action under the Anti-Discrimination Act 1991

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

1BUSINESS LAW
HYPOTHETICAL ILAC QUESTION
Issue
Whether Meghan has any possible causes of action under the Anti-Discrimination Act
1991 against CBLAI. What process she should follow, if she decides to make a complaint.
Rule
Fair Work Ombudsman v WKO Pty Ltd [2012] FCA 1129 - an employer liable for the
adverse treatment it has extended towards the employee after being aware of her pregnancy.
Application
Discrimination is said to have occurred if a less favourable treatment is extended to a
person having a specific attribute, which others do not possess. Such a treatment is said to be
effected, when a policy, which is unreasonable or a condition has been imposed to the whole
of the employees, but the same is affecting a particular employee or a particular class of
employees in a way detrimental to them. A discrimination can be direct or it can be indirect.
Any discrimination that has been carried out in a workplace will be treated to be
discriminatory. There are certain attributes based on which the discrimination of a person by
another is treated to be illegal. These grounds include sex, race, age, sexuality, pregnancy and
related issues, relationship status, impairment, religion, political perspective and relation with
trade union.
The Anti-Discrimination Act 1991 protects the employees from the discrimination they
might face in the workplace. Section 6 of the Act ensures the equality with respect to
opportunity towards every person and extends protection to the persons from being
discriminated unlawfully in the work place. This section prohibits the discrimination of a
person with respect to the grounds provided under this Act. This section also empowers a
person to make complaints against such incidents of discrimination and also mentions the
agencies and the procedures under which the complaint is to be carried out.
Section 7 of this Act provides for sixteen grounds under a discrimination can be take place
and be rendered to be unlawful. These grounds are namely age, sex, status of relationship,
parental status, pregnancy, breastfeeding, race, religion, political perspective, sexuality,
impairment, activity relating to trade union, identity with respect to gender, responsibility
regarding family, relation or association with a particular person.
Section 8 of the Act has included both the direct forms or the indirect forms of
discrimination with respect to any attribute that a person possesses or is probable to possess
within the purview of discrimination provided under the this Act. Section 9 of the Act
restricts any kind of discrimination whether direct or indirect. For the purpose of this Act,
direct discrimination implies any less favourable treatment with respect to an attribute.
Whereas indirect discrimination implies a condition imposed which makes a person with a
specific characteristics feel more affected than the others.
Section 15 of the Act prohibits any discrimination extended towards any employee within
the work precincts with respect to differing work conditions, refusing access towards
opportunity in relation to transfer, promotion, benefits or training. It also restricts any
dismissal effected on the basis of discriminatory grounds. In addition, an employer is also
prohibited from treating any of his employee in a manner, which is not favourable in
connection to his employment.