Discrimination

What is discrimination?

Discrimination is broadly defined as treating one person unfairly over another according to factors unrelated to their ability or potential.

State and Federal legislation protects people at work and in education from discrimination on the basis of certain attributes and from being treated unfairly because they have complained about discrimination. Direct or indirect discrimination on the basis of one or more of the following attributes specified in the Victorian Equal Opportunity Act (1995) is unlawful.

• Age
• Physical, psychiatric or intellectual disability or impairment
• Breastfeeding
• Gender identity
• Industrial activity
• Lawful sexual activity/sexual orientation
• Marital status
• Physical features
• Political beliefs or activity
• Pregnancy
• Race
• Religious belief or activity
• Sex
• Status as a parent or carer
• Personal association with a person who is identified by reference to any of the above attributes.

Some of these areas are also covered by Federal legislation.

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Types of discrimination

There are three types of discrimination that are covered by legislation:

1. Direct discrimination. Direct discrimination occurs when someone receives less favourable treatment on the basis of characteristics or stereotyped assumptions that are not job or study related.
2. Indirect discrimination. Indirect discrimination occurs when policies and practices that appear neutral or fair because they are applied to everyone, have a different and disadvantageous impact on specified groups of people.
3. Discriminatory harassment. Discriminatory harassment is behaviour that would offend, humiliate or intimidate a person and based on one or more of the attributes specified in the Victorian EO Act (1995).

Harassment is unwelcome, unsolicited and non-reciprocated behaviour. It involves the improper assumption of power, either personal or institutional. Harassment may take many forms, such as verbal, written or physical. The distress caused can be the same whether the conduct is deliberate or unintentional. Harassment may arise from the behaviour of an individual or a group. Racial and religious harassment is also unlawful under the Racial and Religious Tolerance Act (2001).

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What is the University's Policy on discrimination?

The University's Equal Opportunity Policy outlines the University's commitment to the principle of equal opportunity in education, employment and welfare for staff students and prospective students of the University, and its responsibility to create an educational and employment environment free of discrimination.

Follow the link to the Equal Opportunity policy: http://www.hr.unimelb.edu.au/equal-opportunity/