ABSTRACT

Discrimination includes direct discrimination and indirect discrimination. Direct discrimination occurs if a person is treated less favourably than others because of a personal characteristic such as race, age, gender, disability, sexuality or obesity. Healthy workplaces provide caring, inclusive cultures, which do not tolerate sexual harassment, discrimination or bullying. Sexual harassment, discrimination and bullying are unlawful. It can be difficult to make sense of what is happening over time or to prove recurrent negative behaviours, particularly if witnesses cannot verify incidents. All organisations, including hospitals, clinics and health services, have a legal responsibility to ensure that their workplace is safe and free of discrimination, sexual harassment and bullying. Vicarious liability means that an employer may be found to be liable for the discrimination, sexual harassment or bullying of others by its employees. Workplace bullying is repeated, unreasonable behaviour directed towards an employee or volunteer, that creates a risk to their health and safety.