Discrimination: The Potential For Attack On Multiple Fronts

The potential for discrimination claims by employees against their employers is certainly not new; employees have for many years been able to bring such claims against their employers using federal and state anti-discrimination legislation, and unlawful termination protections. However, since 1 July 2009 employees have also been able to commence proceedings against their employers using the new "adverse action" provisions under the Fair Work Act 2009 (Cth). Those provisions are considerably broader than other discrimination provisions, and being teamed with a reverse onus of proof and uncapped potential damages, it would seem that in many respects this type of claim would have greater appeal for employees than traditional avenues for seeking legal redress. Employees who believe they have suffered discrimination in the workplace now have a range of claims available to them, so for employers this means there is potential for legal claims on multiple fronts.