Employer's Responsibilities

All employers are required to provide a workplace that is free from discrimination and harassment and other types of prohibited conduct covered under the Tasmanian Anti-Discrimination Act 1998.

It is essential that Tasmanian employers and employees are, aware of, and understand their rights and responsibilities under the Tasmanian Anti-Discrimination Act, which is much broader than Federal anti-discrimination legislation.  

The Tasmanian Anti-Discrimination Act prohibits discrimination in relation to 20 attributes/identities in 7 areas of activity. These include:

• age
• breastfeeding
• disability
• family responsibilities
• gender/sex
• industrial activity
• irrelevant criminal record
• irrelevant medical record
• lawful sexual activity
• marital status
• relationship status
• parental status
• political activity
• political belief or affiliation
• pregnancy
• race
• religious activity
• religious belief or affiliation
• sexual orientation
• association with a person who has, or is believed to have, any of these attributes or identities.

Other prohibited conduct

• any conduct which offends, humiliates, intimidates, insults or ridicules another person on the basis of gender, marital status, relationship status, pregnancy, breastfeeding, parental status, family responsibilities
• sexual and sexist harassment
• victimisation (in relation to previous complaints lodged)
• inciting hatred (by public act) - on the grounds of race, disability, sexual orientation, lawful sexual activity, religious belief or affiliation, or religious activity
• publishing, displaying or advertising matter that promotes, expresses or depicts discrimination or prohibited conduct

Areas of activity

• employment (including paid and unpaid)
• education and training
• provision of facilities, goods and services
• accommodation (including residential and business)
• membership and activities of clubs
• administration of any law of State or any State program on any ground specified under section 16(e), (f), (fa), (g), (h), (i) or (j) - gender/sex, marital status, relationship status, pregnancy, breastfeeding, parental status or family responsibilities
• awards, enterprise agreements or industrial agreements on any ground specified in section 16(e), (f), (fa), (g), (h), (i) or (j)

The Federal Human Rights and Equal Opportunity Commission administers five federal laws which include:

Age Discrimination Act 2004
Disability Discrimination Act 1992
Racial Discrimination Act 1975
Sex Discrimination Act 1984
Human Rights and Equal Opportunity Commission Act 1986

All employers should take preventative measures to ensure they have good working practices in place that prevent unlawful behaviour and/or activity from occuring.  see 'Reasonable Steps' for further information.