Equal opportunity and diversity

All employees have the right to be free from discrimination and harassment. You must ensure your workplace protects these rights.

It's illegal to discriminate against staff and job seekers because of:

• race
• colour
• gender
• sexual orientation
• intersex status
• age
• physical or mental disability
• marital status
• family or carer responsibilities
• pregnancy
• breastfeeding
• religion
• political views
• national extraction (place of birth or ancestry)
• social origin (class, caste or socio-occupational category)
• industrial activities (such as belonging to a trade union).

National, state and territory laws cover equal employment opportunity and discrimination in the workplace. You need to understand your responsibilities under human rights and anti-discrimination law.

State and territory resources

These bodies have more information about equal opportunity and anti-discrimination.

• ACT Human Rights Commission
• Anti-Discrimination NSW
• Northern Territory Anti-Discrimination Commission
• Queensland Human Rights Commission
• Tasmanian Anti-Discrimination Commissioner
• Equal Opportunity SA
• Victorian Equal Opportunity and Human Rights Commission
• Western Australia Equal Opportunity Commission

As an employer, you can increase your understanding of Aboriginal and Torres Strait Islander peoples' experiences. This includes understanding the cultural and community obligations many First Nations people have.

Be aware of cultural events such as NAIDOC Week, Sorry Day and National Reconciliation Week. Where possible, support staff who want to participate in these events.

Australia is a multicultural society. Almost half our population were born overseas or have at least one parent born overseas.

A multicultural workplace means having employees who:

• are from different countries
• have different cultural backgrounds
• can speak multiple languages
• are from different parts of Australia
• follow different religions.

Employees from different backgrounds bring diverse perspectives and experience. They can help you:

• understand Australia’s diverse consumers
• give better customer service by using their language and cultural skills
• help you access new market segments and networks
• expand into overseas markets.

Embracing diverse cultures

Make sure your workplace is ready to embrace cultural diversity. You can:

• develop policies and training for cross-cultural awareness
• hold events that celebrate workplace diversity
• encourage employees to share their cultures and experiences
• set up mentoring arrangements that match employees from different backgrounds
• find out the dates of cultural and religious events so you can anticipate leave and plan celebrations at work.

People with disability work in all industries and in many different roles.

Evidence shows that employees with disability tend to:

• take fewer days off than other workers
• stay in jobs for longer than other workers
• have fewer compensation incidents at work than other workers
• build strong relationships with customers
• boost workplace morale and improve teamwork.

Special minimum wages apply to some workers with disability.

Prepare your workplace

If you employ or interview someone with disability, you may need to make your workplace accessible. Most people with disability won't need changes to the workplace, so make sure you chat with them first.

Changes to your workplace could include:

• changing the physical environment
• accessible car parking
• accessible toilets
• accessible rooms in accommodation buildings
• making work more flexible.

Employer support

The Australian Human Rights Commission has resources on employing people with disability and creating an inclusive workplace. 

You can also access government programs to help you employ people with disability:

• Disabled Australian Apprentice Wage Support pays employers who employ an eligible apprentice with disability.
• Job Access offers free, confidential advice about employing people with disability and the financial help available.
• Wage subsidies help employers pay wages and training costs in the first few months of employing a person with disability.
• The Supported Wage System supports people with disability who aren’t able to perform jobs at the same capacity as any other employee.

Employee support

Your employees with disability can also access support:

• The Employment Assistance Fund covers the costs of workplace changes and buying equipment.
• Job Access has information for people with disability on finding work and support in the workplace.
• Disability Employment Services can help with training, support and workplace adjustments.
• Work Assist helps employees who have difficulty with their job due to an injury, disability or health condition.

Older workers have built knowledge and skills during their time in the workforce. They can help you:

• look at your business from a different perspective
• improve your business processes
• fill any skill or knowledge gaps in your workplace
• mentor less experienced employees
• train your employees by sharing skills.

Evidence shows that older workers can:

• take fewer days off, which saves you money
• make your business more productive
• help you learn and adjust to new technologies in the workplace.

If you plan to hire people under 18, you and your employees may need a working with children check.

The check may have a different name in your state or territory. Each state or territory also has slightly different requirements for the check.

Find the rules in your state or territory

• Australian Capital Territory
• New South Wales
• Northern Territory
• Queensland
• South Australia
• Tasmania
• Victoria
• Western Australia

Parental leave

Employees who have worked with you for at least 12 months get unpaid parental leave when a new child is born or adopted.

Employees may also have extra entitlements, such as paid parental leave. Paid parental leave could occur under:

• an award
• an agreement
• a company policy
• a law such as the Australian Government’s Parental Leave Pay scheme.

The Parental Leave Pay scheme gives new parents up to 18 weeks of paid leave. Pay is based on the national minimum wage.

Helping new parents return to work

You can support new parents by keeping in contact during parental leave.

If you and your employee agree, your employee can come to work for up to 10 paid keeping in touch days. These days don't affect your employee’s unpaid parental leave entitlements.

Flexible working arrangements are a good way to support new parents. Part-time work, flexible hours and working from home can help parents balance their work and caring responsibilities.

You can support breastfeeding employees by:

• having a private space for them to breastfeed or express milk. Make sure it has access to electricity for breast pumps
• providing a fridge to store breast milk
• letting employees take breaks to feed or express during work hours.