Discrimination

PRACTICAL ISSUES

Even before you lodge a complaint there are some key factors which you should consider. These may mean the difference between winning or losing your case.

1. Your Health

People who experience discrimination sometimes overlook that they may need medical attention or counselling.

If your experiences are causing stress or other illness, you should see a doctor at once. When you see a doctor, you should also be as clear as possible about the discrimination you have suffered.

Apart from assisting you in coping with your stress or other problems, treatment by such people is also important because later on, the notes they take and their recollection of your case may be useful evidence. 

2. Record Your Experiences

Take your own notes of your experiences.

The best time to take notes is as soon as possible after you have had a bad experience. This is because, as time passes, your memory may not be as good as it was just after the incident.

These notes may later be useful in providing evidence of what happened, in jogging your memory and in assisting a lawyer to decide if you have a good case. 

3. Tell Someone

Consider telling your problems to another person – whether that person is your union representative, a doctor, a social worker, a friend or a family member. By telling another person, you start to deal with the problem. The person you tell may also be able to give useful evidence, should it later become necessary. 

4. Check Time Limits

Check whether time is running out for you to make a claim – in general, a claim should be made within twelve months of the discriminatory act occurring. However, if a termination of employment is involved, you may have only 21 days to take action under certain industrial laws. (see Rights Under Other Laws). 

RIGHTS UNDER OTHER LAWS

This material only covers what your rights are, under laws made by the Australian Parliament, under the Sex Discrimination Act 1984, the Racial Discrimination Act 1975 and the Disability Discrimination Act 1992, in cases of discrimination or disability harassment.

Read on about Discrimination.

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