Discrimination And Victimisation Soon To Be "Adverse Action"

Key Points:
New adverse action provisions give rise to the potential for alternative claims beyond those traditionally found under the anti-discrimination jurisdiction.

From 1 July 2009, national system employees and employers will have the ability to bring adverse action claims under the Fair Work Act 2009, including in respect of claims of discrimination and victimisation in employment. While it has always been unlawful to discriminate in employment under the Workplace Relations Act 1996, traditionally such claims have tended to be brought under the relevant State or Federal anti-discrimination legislation where specific processes and remedies, underpinned by separate tribunals (or commissions) exist.