Employment Status

In the ACT it is against the law for someone to discriminate against you because of a characteristic that you have, or that someone thinks you have, in an area of public life such as employment, education, accommodation, provision of goods and services, and clubs.

It is against the law for someone to discriminate against you because of your employment status. Employment status includes being unemployed, receiving a pension or social security benefit, receiving compensation, being employed on a part-time, casual or temporary basis and undertaking shift or contract work.

Examples of employment status discrimination

Kellie submitted a job application in response to an advertisement for a vacant position. Kellie is working part-time in her current job. Her application was screened out because she was not working full-time.

Bob has worked as a casual in the hospitality industry for ten years. Despite excellent rental references and proof of income over the past twelve months, he is unable to obtain a rental property because the real estate agent tells him that his employment situation is ‘too risky’.

Are there any exceptions?

It is not unlawful to discriminate on the basis of a person’s employment status in arrangements for employment, where the discrimination is reasonable, having regard to relevant factors in deciding for example, whether to hire or promote a person. The aim of this exception is to recognise that there may be situations where a person’s employment status is a relevant consideration in offering a person employment. For example an agent might look to a person’s work experience and skills as part of an assessment about the suitability of a prospective applicant for a particular position.