Under the Fair Work Act, an employer must not dismiss you because of your:

• race
• colour
• sexual orientation
• breastfeeding
• gender identity or intersex status
• age
• physical or mental disability
• marital status (that is, whether you are married or not)
• family or carer's responsibilities
• pregnancy
• religion
• political opinion
• national extraction
• social origin.

There are some exceptions to this rule. An employer may be able to dismiss you if:

1. It is not against the anti-discrimination laws of your state or Australian law.

Each state has its own anti-discrimination laws and there are also Australian anti-discrimination laws. For example, the Commonwealth Age Discrimination Act, or the NSW Anti-Discrimination Act. Some sorts of discrimination are not included in NSW or Federal laws. For example, it is not unlawful to discriminate on the basis of political opinion or religion in NSW or under Australian law. Also, each of these laws give exceptions so that action that may look like discrimination will be lawful.

2. You have to have certain attributes or abilities to do a job (sometimes called the 'inherent requirements' of a position).

For example, it may be an inherent requirement of a position that you have certain physical abilities (like being able to do heavy lifting).

Employers usually have to make reasonable adjustments if your ability to do a job changes. However, this is a complicated area and you should get legal advice if you are in this situation.

3. The action is taken by a religious institution as a genuine attempt to protect the beliefs and teachings of the religion

Churches, religious groups and organisations (like religious charities or schools) may be able to discriminate if this is done as part of their religion.

What can you do

If you were dismissed from your job, you may be able to make a number of different claims against your employer. Before you make any claims or applications, you should get legal advice to help you work out what is the right option for you. This will include working out whether the discrimination is covered by one of the exceptions or not.

If someone dismissed you for a discriminatory reason, it is possible to make a general protections application to the Fair Work Commission (the Commission).

 If you were dismissed and you want to make a general protections dismissal application to the Commission, you must do so within 21 days of the date you were dismissed.

The Commission may accept late applications, but usually only in exceptional cases.

The Commission will hold a conference to try and settle the dispute. If this does not end the problem, you can apply to the Federal Circuit and Family Court of Australia to ask for an order that:

• you be reinstated (get your job back)
• your employer pay a fine (penalty)
• compensation be paid to you. 

Which section of the Fair Work Act applies?

Section 351 of the Fair Work Act is the section that protects you from discrimination. When filling out your general protections application form for the Commission, you will need to refer to this section of the Act and you will need to state the ground of discrimination, for example, 'carer's responsibilities'.

Case study

​ This topic only deals with dismissals. However, it is possible to make a general protections application even if you have not been dismissed. You should get legal advice if you have been dismissed or are having problems at work. You may have other options, such as:

• unfair dismissal claim if you were dismissed (for more information, see Unfair dismissal)
• discrimination claim (if you have been discriminated against at work)
• bullying claim (if you have not been dismissed but are experiencing workplace bullying).

For answers to commonly asked questions, see What are general protections? - Frequently Asked Questions.