Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 78A

Prohibition of discriminatory conduct

78A. Prohibition of discriminatory conduct



(1) An employer or prospective employer must not engage in discriminatory
conduct for a prohibited reason.

(2) For the purposes of this subdivision, an employer or prospective employer
engages in discriminatory conduct if-

   (a)  the employer of an employee-

   (i)  dismisses the employee, injures an employee in the employment of the
        employer or alters the position of the employee to the employee's
        detriment; or

   (ii) threatens to do any of those things to the employee; or

   (b)  the employer or prospective employer of the prospective employee
        refuses or fails to offer employment to the prospective employee, or
        treats the prospective employee less favourably than another
        prospective employee would be treated in offering terms of employment.