WHAT IS DISCRIMINATION?
Discrimination occurs when someone is treated unfavourably, compared to another, because of one of her/his personal characteristics or a distinction is made between individuals or groups to the advantage of some and the disadvantage of others.

Discrimination can be “direct”: where a person is treated less favourably than another person without a particular attribute (e.g. religion, race, sexual preference, impairment, political views); or “indirect”: where a term is imposed which on its face appears neutral, but which in fact discriminates against a person or group. (e.g. where a higher proportion of people without the attribute can comply).

Examples of discrimination in a workplace might involve:
• Offensive jokes or comments about another worker’s racial or ethnic background, sex, sexual preferences, age, disability or physical appearance.
• Display of pictures, computer graphics or posters which are offensive or derogatory.
• Expressing negative stereotypes of particular groups, eg. “married women shouldn't be working”.
• Judging someone on her/his political or religious beliefs rather than her/his work performance.
• Using stereotypes or assumptions to guide decision-making about a person’s career.
• Undermining a person’s authority or work performance because you dislike one of their personal characteristics.
• One person or group is treated more or less favourably to another, on the basis of some attribute.

There may be countless other examples in almost all social contexts. You may need specific advice. See the FAQs at http://www.adcq.qld.gov.au/main/faq.html

WHAT TO DO IF YOU ARE DISCRIMINATED AGAINST
There are several options. Choose the course of action you feel most comfortable with. Do not ignore discrimination, thinking it will go away – often it just gets worst. You may consider:

1. If a workplace, contact one of the people in your organisation who have been nominated to give advice and/or investigate complaints (if such a system is set up, as it should be!):

2. Make a complaint under anti-discrimination legislation to the Queensland Anti-Discrimination Commission & Human Rights and Equal Opportunity Commission.

BRISBANE Phone (07) 3239 3365 or 1 800 068 305
Level 2 State Law Building Fax (07) 3239 6285
50 Ann St Brisbane QLD 4000
GPO Box 853
Brisbane QLD 4001
http://www.adcq.qld.gov.au/

This complaint may need to be in writing.

3. Contact MBA Lawyers for more detailed advice.

Please note that this document contains only minimal summarised information on this topic. You should take more detailed advice before acting on it.

WHAT IS SEXUAL HARASSMENT?
Sexual harassment is any form of sexual attention that is unwelcome. It may be unwelcome touching or other physical contact, remarks with sexual connotations, smutty jokes, requests for sexual favours, leering or the display of offensive material such as pictures, posters or computer graphics.

Sexual harassment has nothing to do with mutual attractions. Such friendships may be private matters. Sexual harassment has an element of unwanted sexual attention.

Sexual harassment can be a single incident – it depends on the circumstances. Obviously some actions or remarks are so offensive that they constitute sexual harassment in themselves, even if they are not repeated.

Other single incidents, such as an unwanted invitation out or a compliment, may not constitute harassment if they are not repeated.

There is no onus on the person being harassed to say she/he finds the conduct objectionable. Many people find it difficult to speak up. All employees are responsible for their own behaviour. If that person thinks the behaviour may offend, then they should cease!

Further information is summarised at: http://www.adcq.qld.gov.au/pubs/sexdiscr.html

WHAT TO DO IF YOU ARE SEXUALLY HARASSED
There are several options. Choose the course of action with which you feel most comfortable. You may:

1. If a worksite, contact one of the people in the workplace who have been nominated to give advice and/or investigate complaints of sexual harassment (if such system for complaint exists, as it should!):

2. Make a complaint under anti-discrimination legislation to the Queensland Anti-Discrimination Commission & Human Rights and Equal Opportunity Commission:

BRISBANE Phone (07) 3239 3365 or 1 800 068 305
Level 2 State Law Building Fax (07) 3239 6285
50 Ann St Brisbane QLD 4000
GPO Box 853
Brisbane QLD 4001
http://www.adcq.qld.gov.au/

This complaint may need to be in writing.

3. Contact your MBA Lawyers for more detailed advice.

Do not ignore sexual harassment or hope that it will go away. Silence may give the impression that sexual harassment is acceptable.Please note that this document contains only minimal summarised information on this topic. You should take more detailed advice before acting on it.