Small business - four things you need to know

1. What is unlawful discrimination in NSW?

Unlawful discrimination is treating a person less favourably than others in similar situations because of their:

• age
• disability
• homosexuality
• marital or domestic status
• race
• responsibilities as a carer
• sex (including breastfeeding and pregnancy)
• transgender status.

Sexual harassment, vilification and victimisation are also against the law. 

2. When does the law apply? 

The law applies in areas including:

• providing goods and services (such as shops, banks, hospitals, hotels, sporting facilities, clubs and entertainment venues)
• work, for example: recruitment, terms and conditions of employment, becoming qualified or licensed, joining a trade union or employer association
• when renting a house or flat
• at a government school, college or university.

3. What must I do for customers? 

As a service provider, you must take all reasonable steps to ensure that you and your employees, contractors and agents do not discriminate against your clients or customers by:

• refusing to provide goods or services
• offering goods and services on different terms – for example requiring a larger deposit
• subjecting them to harassment or bullying
• not providing reasonable adjustments for a person with a disability.

4. What must I do as an employer?

You must take all reasonable steps to ensure that you and your employees, contractors and agents do not discriminate against, harass or bully other employees.

Your employees, contractors and agents are responsible for:

• their own behaviour at work
• complying with your anti-discrimination, harassment and bullying policies.

You also have the right to take action if you are personally discriminated against, harassed or bullied, for example by your suppliers.

The Anti-Discrimination Act 1977 (NSW) covers most businesses in NSW – however there are some exceptions for businesses with 5 or less employees and for employment in a private household. Even so, the Australian Human Rights Commission could have jurisdiction to deal with your situation.