Equal Employment Opportunity (EEO) refers to the right of all people to be considered for employment, promotion, and other employment-related opportunities based on merit, without discrimination. In Australia, EEO is protected through federal and state anti-discrimination legislation and requires employers to ensure fair treatment of employees and job applicants regardless of personal characteristics such as gender, race, disability, age, or other protected attributes.

Legal framework

Federal legislation

Australia’s EEO framework is established through several key pieces of federal legislation:

• Racial Discrimination Act 1975
  • Prohibits discrimination based on race, colour, descent, national or ethnic origin
  • Includes protection against racial vilification
• Sex Discrimination Act 1984
  • Prohibits discrimination based on sex, sexual orientation, gender identity, intersex status, marital status, pregnancy, breastfeeding, or family responsibilities
  • Includes protection against sexual harassment
• Disability Discrimination Act 1992
  • Prohibits discrimination against people with disabilities in employment and other areas
  • Requires reasonable adjustments to accommodate workers with disabilities
• Age Discrimination Act 2004
  • Prohibits discrimination based on age in employment and other areas
  • Applies to discrimination against both younger and older Australians
• Fair Work Act 2009
  • Contains general protections against discriminatory treatment
  • Prohibits adverse action against employees or prospective employees based on protected attributes
  • Provides remedies for workplace discrimination

State and territory legislation

Each state and territory has its own anti-discrimination laws that may provide additional protections:

• NSW: Anti-Discrimination Act 1977
• Victoria: Equal Opportunity Act 2010
• Queensland: Anti-Discrimination Act 1991
• Western Australia: Equal Opportunity Act 1984
• South Australia: Equal Opportunity Act 1984
• Tasmania: Anti-Discrimination Act 1998
• ACT: Discrimination Act 1991
• Northern Territory: Anti-Discrimination Act 1992

Key concepts

Protected attributes

Characteristics that cannot legally be used as the basis for employment decisions, including:

• Race, colour, nationality, and ethnic origin
• Sex and gender
• Sexual orientation
• Age
• Physical or mental disability
• Marital status
• Family or carer’s responsibilities
• Pregnancy
• Religion
• Political opinion
• Social origin

Direct discrimination

Occurs when a person is treated less favourably because of a protected attribute. For example:

• Refusing to hire someone because of their age
• Paying someone less because of their gender
• Denying a promotion because of someone’s race

Indirect discrimination

Occurs when an apparently neutral policy or practice disproportionately disadvantages people with a particular protected attribute and cannot be justified. For example:

• Setting unnecessary physical requirements that disadvantage women or older workers
• Requiring all staff to work on a particular religious holiday
• Inflexible working arrangements that disadvantage those with caring responsibilities

Reasonable adjustments

Modifications or accommodations that enable a person with a disability to perform the inherent requirements of a job. These may include:

• Modified equipment or workstations
• Adjustments to work schedules
• Changes to training materials or methods
• Providing assistance or support

Special measures/Positive discrimination

Actions designed to foster greater equality by supporting groups that have experienced historical disadvantage. These may include:

• Targeted recruitment programs
• Training and development initiatives
• Mentoring schemes
• Flexible working arrangements

Employer responsibilities

EEO policies

Australian employers are required to:

• Develop and implement EEO policies
• Communicate these policies to all employees
• Regularly review and update policies
• Ensure compliance with relevant legislation

EEO programs

Organisations with 100 or more employees must develop and implement workplace programs under the Workplace Gender Equality Act 2012, including:

• Analysis of employment statistics
• Identification of issues affecting equal opportunity
• Actions to address these issues
• Monitoring and evaluation of outcomes

Preventing discrimination and harassment

Employers must take proactive steps to prevent discrimination and harassment by:

• Providing regular training to staff
• Establishing effective complaint procedures
• Taking prompt action to address issues
• Creating an inclusive workplace culture

Reporting requirements

Certain employers must report to the Workplace Gender Equality Agency (WGEA) annually on:

• Gender composition of the workforce
• Gender composition of governing bodies
• Equal remuneration between women and men
• Availability and utility of employment terms, conditions and practices

Benefits of EEO

For employers

• Access to a wider pool of talent
• Improved employee engagement and retention
• Enhanced innovation through diverse perspectives
• Stronger reputation as an employer of choice
• Reduced risk of legal action

For employees

• Fair access to opportunities based on merit
• Protection against unfair treatment
• Support for work-life balance
• Inclusive and respectful work environment
• Enhanced career development

Enforcement and remedies

Australian Human Rights Commission

• Investigates complaints of discrimination
• Facilitates conciliation between parties
• Can refer unresolved matters to the Federal Court

Fair work commission

• Handles complaints related to workplace discrimination
• Can order reinstatement, compensation, or penalties
• Provides anti-bullying orders

State and territory tribunals

• Handle complaints under state/territory legislation
• Provide alternative resolution pathways
• May award compensation or require policy changes

Current trends and developments

Gender equality

• Focus on reducing gender pay gap (currently 13.3% as of 2023)
• Increasing women’s representation in leadership positions
• Addressing sexual harassment in the workplace

Diverse and inclusive workplaces

• Growing emphasis on cultural diversity
• LGBTIQ+ inclusion initiatives
• Neurodiversity in the workplace

Flexible work arrangements

• Recognition of flexible work as an enabler of equality
• Increased uptake following COVID-19 pandemic
• Balancing flexibility with career progression

Indigenous employment

• Closing the Gap employment targets
• Reconciliation Action Plans (RAPs)
• Cultural safety initiatives