Posts: unlawful

In October 2023, we reported on a decision of the Australian Capital Territory Civil and Administrative Tribunal that found an employer had unlawfully discriminated against an employee because of her breastfeeding responsibilities. The Tribunal has now handed down its decision in relation to the remedies flowing from that contravention.

There are a number of personal attributes that are protected by Australia’s federal and state anti-discrimination laws, such as a person’s race, sex, pregnancy, marital status, family responsibilities, breastfeeding, age, disability, sexual orientation, gender identity or intersex status.

It is unlawful in Australia to discriminate against an individual because of their age. Employers are specifically prohibited from discriminating on the basis of age under Federal and State anti-discrimination laws, and a person’s age is also a protected attribute under the general protections provisions of the Fair Work Act 2009 (Cth).