Have you been a victim of or accused of unlawful discrimination?

 

Few laws are as openly disregarded and misunderstood.

 

What is Unlawful Discrimination

 

Not all discrimination is unlawful.

 

In order to be unlawful, the discrimination must be on a prohibited ground which is set out in the Anti-Discrimination Act 1991 as:-

 

(a)sex;

(b)relationship status;

(c)pregnancy;

(d)parental status;

(e)breastfeeding;

(f)age;

(g)race;

(h)impairment;

(i)religious belief or religious activity;

(j)political belief or activity;

(k)trade union activity;

(l)lawful sexual activity;

(m)gender identity;

(n)sexuality;

(o)family responsibilities;

(p)association with, or relation to, a person identified on the basis of any of the above attributes (for example, if you experience discrimination because of your partner’s race or your child’s sexuality)

The discrimination must also take place in a prohibited area which is defined as:-

 

  • Work and work related areas (including pre-work and contract work);
  • Partnership or pre-partnership;
  • Industrial, professional, trade or business organisation in membership or pre-membership area;
  • Qualifying body in qualification or pre-qualification area;
  • Employment Agency;
  • Education;
  • Provision of Goods and Services;
  • Superannuation;
  • Insurance;
  • Sale of land;
  • Accommodation;
  • Club Membership and Affairs;
  • Administration of State Laws and Programs;
  • Discrimination by local government member.

Workplace, Work injury, workers compensation

There is also a prohibition on sexual harassment.

 

There are general exemptions and defences to what would otherwise be unlawful discrimination.

 

Examples of lawful discrimination are:-

 

  1. I was once refused entry to an uber cool club in the Valley because my clothes were insufficiently hip. There is no restriction on discrimination of dags.
  2. Refusing service to someone who cannot pay for them (I mention this because I have been asked the question). Imagine where we would be if that was unlawful!

 

However, many individuals and businesses openly discriminate with apparent impunity.  I suspect because no one takes issue with some forms of discrimination.  Examples of unlawful discrimination that occurs regularly:-

 

  1. Travel companies that advertise their services as being for people aged 18 to 35;
  2. Residential areas or resorts that advertise themselves as “adults only”.

 

Unfortunately, there are also cases where unlawful discrimination occurs in a manner which is profoundly hurtful, embarrassing and costly to victims.

 

Do you need representation?

 

Not necessarily.  You can lodge a complaint with the Human Rights Commission and appear on your own behalf.  If you receive correspondence from the Human Rights Commission, you can respond yourself and appear at the Conciliation on your own behalf.

 

The benefit of legal representation is that we can advise you as to whether your complaint or the complaint which has been made against you meets the legal definition of unlawful discrimination.  We also have the benefit of objectivity in what can be a highly emotive time.

 

Basis upon which we act

 

Kare Lawyers has now extended our private practice areas to specific claims for unlawful discrimination or sexual harassment.

 

 

We are accepting instructions from both people who believe they have experienced unlawful discrimination and sexual harassment and individuals who have been accused of unlawful discrimination and sexual harassment.  For a fixed fee, we will take initial instructions, obtain witness statements and other evidence, make submissions to the Human Rights Commission and appear at the Conciliation Conference.

 

As not all complainants are seeking or will obtain monetary compensation, we will not accept instructions on a speculative “no win no fee” basis in the same manner as we do with claims for damages for personal injuries.  However, the fee will be fixed so that you have certainty about your outlay before engaging us.

 

If the complaint is unresolved at Conciliation, we will then advise on prospects and the costs of pursuing or defending the complaint to QCAT or the Queensland Industrial Relations Commission.