Have you suffered unlawful discrimination?
SMB Workplace & Employment Law are passionate advocates for fair treatment for all and discrimination law is one of the only areas of the law where we don’t limit ourselves to conduct occurring in the workplace.
Discrimination claims are often more technical and complicated that people who have suffered discrimination think they should be, and legislation differs between state and federal jurisdictions, but the most common grounds of unlawful discrimination are:
- gender or gender identity
- carer’s responsibilities
- political belief.
Sex discrimination legislation also usually protects you from sexual harassment.
Unlawful discrimination can include direct discrimination because you have a protected attribute and indirect discrimination, where an unreasonable condition or requirement is imposed which disadvantages you because you have a protected attribute.
The choices you make early on can have a significant impact on the end result. For example, the costs provisions between state-based and federally-based complaints are different. Choosing the wrong jurisdiction could be the difference between recovering your legal costs on top of any compensation awarded to you at the end of your matter or not – or even you being ordered to pay the respondent’s costs if your claim is unsuccessful.