The Anti-Discrimination Act prohibits two types of discrimination: direct discrimination and indirect discrimination. Direct discrimination occurs when a person treats another person less favourably than another person without that attribute is or would be treaded in circumstances that are the same or not materially different. For example, the refusal of employment to a person on the basis of that person being a Muslim or from another country would be classed as direct discrimination. Comparatively, discrimination may also occur in less obvious ways. This is known as indirect discrimination. The Anti-Discrimination Act details that, if there are two or more reasons why a person treats, or proposes to treat a person with an attribute less favourably, the person has discriminated against the person on the basis of the attribute if the attribute is a substantial reason' for the treatment.
Not all discrimination is unlawful. The most commonly relied upon exemptions are:.
Genuine occupational requirements for a position; and.
Unjustifiable hardship on the employer.
Take for example the Whitsunday Christian College, where a student was not being allowed into a school. This means that a person is being treated less favourably than someone without the attribute. However, the government has said that this is one area in which discrimination on the basis of sex and religion is permitted, as is discrimination on the basis of impairment and age. Additionally, positive discrimination, and sex discrimination against women in the workforce are also allowed by the Act, which permits a person to do an act to promote equal opportunity for a group of people with an attribute. Affirmative action is the systematic approach to achieving equal employment opportunities through the identification and elimination of barriers, which prevent women's full and equal participation in the workforce.
On the same note, the Queensland Anti-Discrimination Act prohibits sexual harassment, not merely in the workplace, but in society generally.