The Commonwealth and State anti-discrimination laws are complex, but in general terms an employer must not discriminate against an employee directly or indirectly on prohibited grounds.

Indirect discrimination involves a requirement that has different effects on different groups of employees, unless it can be justified as a reasonable requirement in all the circumstances.

For example, a requirement for all employees to be taller than 1.85m may indirectly discriminate against women and migrants from some countries.

A principal object of the Workplace Relations Act 1996 is to respect the diversity of Australia's workforce and to assist to prevent and eliminate discrimination on the basis of

"race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin."

The Act also prohibits discrimination on the grounds of union membership or because an employee has made or proposes to make an inquiry or complaint about rights under an industrial law or instrument.

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