As a retail manager, you interact with employees, job applicants, and customers from diverse backgrounds.

Australia has both federal and state anti-discrimination laws that prohibit treating someone unfavourably because of a protected attribute.

This article explains your legal duties, common retail scenarios where discrimination can occur, and how to handle complaints professionally.

Overview of Anti-Discrimination Legislation

At the federal level, the key laws are:

  • Age Discrimination Act 2004
  • Disability Discrimination Act 1992
  • Racial Discrimination Act 1975
  • Sex Discrimination Act 1984 (includes sexual harassment and pregnancy discrimination)
  • Fair Work Act 2009 (prohibits adverse action based on protected attributes)

Each state also has its own laws (e.g., NSW Anti-Discrimination Act 1977, Equal Opportunity Act 2010 in Victoria).

In general, federal laws cover all Australian businesses, but you must comply with whichever provides the stronger protection.

Protected attributes under federal law: race, colour, national or ethnic origin, sex, sexual orientation, gender identity, intersex status, age, disability, marital status, family/carer responsibilities, pregnancy, breastfeeding, and religion.

Discrimination in Recruitment and Staffing

As a retail manager, you cannot make hiring, promotion, or dismissal decisions based on a protected attribute.

Illegal practices include:

  • Asking 'How old are you?' or 'Are you planning to have children?' in an interview.
  • Advertising a position as 'young and energetic' or 'male sales assistant preferred'.
  • Refusing to hire someone with a disability even if they can perform the inherent requirements with reasonable adjustments (e.g., a stool for a cashier with back pain).
  • Paying a female employee less than a male employee for the same work (equal pay provisions).
  • Firing a casual worker because they take leave for religious holidays (e.g., Yom Kippur, Diwali).

Exceptions: You can discriminate if the attribute is an inherent requirement of the job (e.g., hiring a female attendant for a women's change room), but these exceptions are narrow.

Reasonable Adjustments for Employees with Disability

Under the Disability Discrimination Act, you have a positive duty to make 'reasonable adjustments' for employees with disability.

Examples in retail:

  • Providing a height-adjustable counter for a wheelchair user.
  • Allowing a deaf employee to use a tablet to communicate with customers.
  • Modifying rosters for someone with a chronic illness (e.g., later starts).
  • Installing software (screen reader) for a blind employee using the POS system.

You do not have to make adjustments that would cause 'unjustifiable hardship' (e.g., cost $50,000 for a small shop with 2 employees).

But you must discuss options in good faith.

Sexual Harassment in the Workplace

The Sex Discrimination Act prohibits sexual harassment – unwelcome conduct of a sexual nature that a reasonable person would anticipate might offend, humiliate, or intimidate.

In retail:

  • A manager making suggestive comments about an employee's appearance.
  • A customer repeatedly asking a salesperson for their phone number after being told no.
  • Displaying sexually explicit posters or calendars in the staff area.
  • Sending lewd messages via WhatsApp to a junior employee.

Employers are vicariously liable for sexual harassment by employees and agents (including customers), unless you can prove you took 'all reasonable steps' to prevent it (e.g., training, clear policy, complaint procedure).

Customer-Facing Discrimination

Your duty to not discriminate extends to customers. Illegal treatment includes:

  • Refusing service to a person because of their race or religion.
  • Following a customer around the shop only because they are Aboriginal or Torres Strait Islander ('racial profiling').
  • Denying a parent access to a change room because they are breastfeeding.
  • Requiring a person with a guide dog to leave the shop (guide dogs must be allowed everywhere except sterile areas like operating theatres).
  • Charging a senior citizen more for the same product (unless you offer a genuine senior discount to all).
Note: It is NOT discrimination to refuse service to a customer who is actively abusive, threatening, or stealing – as long as the reason is their behaviour, not a protected attribute.

Mandatory Policies and Training

Every retail shop should have:

  • A written Equal Employment Opportunity (EEO) and anti-discrimination policy, signed by all staff.
  • A grievance procedure for employees to complain about discrimination (internal + external options like Fair Work Commission or Australian Human Rights Commission).
  • Annual training for managers (at least 30 minutes) on unconscious bias, reasonable adjustments, and handling complaints.
  • A zero-tolerance statement regarding customer discrimination – empower staff to refuse service if a customer is being discriminatory toward another staff member or customer.

Handling a Discrimination Complaint – Step by Step

  1. Listen calmly and take notes. Do not promise outcomes.
  2. Follow your grievance procedure (usually step: immediate manager → HR → external if unresolved).
  3. Investigate promptly (within 7-14 days). Interview witnesses, review CCTV, collect documents.
  4. If the complaint is substantiated, take disciplinary action (counselling, written warning, termination for serious cases).
  5. Notify the complainant of the outcome (without breaching privacy of the respondent).
  6. Take steps to prevent recurrence (e.g., additional training, roster changes).

Never retaliate against someone who makes a complaint. Victimisation is a separate offence with its own penalties.

Penalties for Breaches

Under federal laws, the Australian Human Rights Commission can investigate and attempt conciliation.

If that fails, the matter can go to the Federal Court, which can award:

  • Damages for injury to feelings (typically $10,000 – $100,000).
  • Compensation for lost wages or medical costs.
  • An apology or reinstatement (for employment cases).
  • Civil penalties (up to $66,000 for individuals, $330,000 for corporations under the Sex Discrimination Act).
Final tip: The best defence is prevention. Train your staff. Post a sign: 'We respect all customers and staff regardless of race, age, disability, or religion. Discrimination will not be tolerated.' Then live by those words.

In summary, anti-discrimination laws are not bureaucratic obstacles – they reflect basic respect.

A retail manager who understands and enforces these laws creates a happier, safer, and more productive workplace.