Anti-discrimination policy template

Draft an anti-discrimination and equal opportunity policy with the attributes protected by the Fair Work Act, the positive duty to prevent sexual harassment and sex discrimination, adjustments, and the complaints bodies for your states.

Figures checked 5 November 2026. Free to use, no sign-in.

Organisation

Where people work

Anti-discrimination and equal opportunity policy

Check before you use it

  • The policy names the anti-discrimination Act and complaints body for each state or territory you picked.
  • Record the risk assessment and measures you take under the positive duty: the Australian Human Rights Commission can investigate compliance.
  • Check job advertisements, selection criteria and rosters for requirements that could indirectly discriminate, such as unnecessary full-time or availability rules.

[Organisation name]: anti-discrimination and equal opportunity policy

1. Our commitment

[Organisation name] makes decisions about people on merit and the genuine requirements of the work. We do not discriminate, and we do not allow discrimination, harassment or victimisation by anyone who works for us or with us.

2. Who and what this covers

This policy applies to employees, contractors, labour hire workers, volunteers and job applicants, and to every stage of work: advertising and recruitment, pay and conditions, rosters and allocation of work, training, promotion, flexible work requests, discipline and ending employment. It also covers how our people treat customers and visitors.

3. Protected attributes

It is unlawful to treat a person less favourably at work because of their race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer’s responsibilities, subjection to family and domestic violence, pregnancy, religion, political opinion and national extraction or social origin. These are the attributes protected by the Fair Work Act 2009. The Sex Discrimination Act 1984, Racial Discrimination Act 1975, Disability Discrimination Act 1992 and Age Discrimination Act 2004 also apply, as does the Anti-Discrimination Act 1977 (NSW), which protects some further attributes.

4. What discrimination looks like

  • Direct discrimination: treating someone less favourably because of a protected attribute, for example not shortlisting an applicant because of their age, or cutting someone’s shifts after they announce a pregnancy.
  • Indirect discrimination: a rule or practice that looks neutral but disadvantages people with a protected attribute and is not reasonable, for example requiring full-time hours for a role that could be done part-time.
  • Sexual harassment, harassment on the ground of sex, and a workplace environment that is hostile on the ground of sex. These are dealt with under our bullying and harassment policy.
  • Victimisation: treating someone badly because they complained, or might complain, or helped someone else to.

Treating someone differently is lawful in limited cases, such as where it is based on the inherent requirements of the job or a law allows it. These exceptions are narrow: ask before relying on one.

5. Positive duty to prevent

Under section 47C of the Sex Discrimination Act 1984 we must take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment, harassment on the ground of sex, hostile workplace environments and related victimisation, by us, our workers and our agents. Our measures:

  • Leaders are accountable for a respectful, inclusive workplace and act on concerns.
  • We assess the risks in how our work is organised (for example power imbalances, isolated work, customer contact and alcohol at events) and put controls in place.
  • We train everyone on this policy when they start and regularly afterwards, and train managers on receiving complaints.
  • We give people safe ways to report, respond fairly and support the people involved.
  • We review complaints data, without identifying individuals, and the effectiveness of our measures at least once a year.

6. Adjustments

If you need an adjustment because of a disability, pregnancy, breastfeeding, caring responsibilities or religious observance, talk to [your manager or People and Culture]. We will discuss what you need and make reasonable adjustments. For disability, we will make adjustments unless they would impose unjustifiable hardship.

7. Raising a concern

Raise concerns with your manager or with [name and role of the person who receives complaints]. Complaints are handled promptly, fairly and as confidentially as possible, following the process in our bullying and harassment policy. You can bring a support person.

You can also contact the Australian Human Rights Commission, Anti-Discrimination NSW, the Fair Work Ombudsman, or the Fair Work Commission (for general protections and unlawful termination claims). Time limits apply to some of these.

8. Consequences

Discrimination, harassment or victimisation by anyone covered by this policy will lead to disciplinary action after a fair process, up to dismissal or ending a contract. Making a complaint in good faith will never count against you.

9. Review

This policy takes effect on [date] and will be reviewed every 12 months. It does not form part of any employment contract.

Highlighted text in [brackets] still needs your input. General information, not legal advice.

How this works

The policy draws on:

  • The general protections against discrimination in s 351 of the Fair Work Act, with its full list of attributes.
  • The positive duty in s 47C of the Sex Discrimination Act 1984 and, in Victoria, s 15 of the Equal Opportunity Act 2010.
  • The anti-discrimination Act and complaints body for each state or territory you pick.

Harassment complaints follow the process in the bullying and harassment policy. Nothing you type leaves your browser.

Legal basis

Checked against these sources on 5 November 2026. Spotted a figure that looks wrong? Tell us.

Questions

Which attributes are protected at work?

The Fair Work Act protects race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer’s responsibilities, subjection to family and domestic violence, pregnancy, religion, political opinion, and national extraction or social origin (s 351). Federal discrimination Acts and each state’s law also apply, and some states protect further attributes.

What do employers have to do under the positive duty?

Take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment, harassment on the ground of sex, hostile workplace environments and related victimisation (Sex Discrimination Act 1984 s 47C). That means prevention: leadership, risk assessment, training, reporting channels and monitoring. Victoria has its own positive duty in s 15 of the Equal Opportunity Act 2010.

Is it ever lawful to treat people differently?

In limited cases, for example where a decision is based on the inherent requirements of the job, or a specific exemption in the law applies. The exceptions are narrow, so check before relying on one.

Where can employees complain outside the business?

The Australian Human Rights Commission, the anti-discrimination or human rights body in their state or territory, the Fair Work Ombudsman, or the Fair Work Commission for general protections and unlawful termination claims.

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