A Guide To Workplace Bullying, Harassment And Discrimination (2025 Updated)

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As an employer, you have an obligation to ensure everyone in your workplace is treated fairly.

And, if treated unfairly, employees have the right to do something about it.

Workplace bullying, harassment and discrimination can have serious consequences under both state and federal laws in Australia. In 2025, with a stronger focus on early intervention and clearer regulatory guidelines, cases continue to increase as both employees and employers become more aware of their rights and responsibilities.

These situations aren’t easy for anyone – whether you’re an employee facing the stressful process of making a claim against your own employer or an employer under intense scrutiny. For further insight, our workplace harassment and discrimination guide explains what you need to know in today’s regulatory environment.

So, what exactly constitutes bullying, harassment and discrimination? How do you make a claim if you’re an employee? And, if you’re an employer facing these claims, what immediate steps do you need to take?

Here, we’ll break down everything you need to know about the process in the current 2025 landscape, along with some practical tips to keep your workplace compliant and supportive.

What Is Bullying, Harassment And Discrimination?

As an employer, you have a responsibility to prevent bullying, harassment and discrimination in your workplace. Updated best practices now require regular training and clear reporting mechanisms, ensuring issues are addressed promptly.

As an employee, it’s crucial to recognise when such behaviour occurs and to know the avenues available to you for seeking help.

Bullying

Fair Work defines workplace bullying as unreasonable behaviour directed towards a person that could jeopardise their health, safety or dignity. In 2025, this definition is bolstered by enhanced guidelines and intervention strategies.

Often, bullying is seen as the broader umbrella under which workplace harassment and discrimination fall, even though the latter are addressed by specific anti-discrimination laws.

This distinction is important because workplace harassment and discrimination are subject to clearly defined state and federal legislation.

Let’s dive into each of these further.

Harassment

Harassment is an extension of workplace bullying. It involves repeatedly or unreasonably treating someone in a manner that endangers their health and safety. Updated definitions now acknowledge that even a single, severe incident can qualify as harassment.

This includes behaviour that is intimidating, threatening, victimising, humiliating or unsolicited. For example, any unwelcome sexual conduct that is offensive, humiliating or intimidating falls under sexual harassment.

Workplace harassment might range from insulting racial jokes to aggressive behaviour, derogatory comments and the deliberate exclusion of individuals from work events. No matter how “big” or “small” the incident might seem, it’s taken very seriously under current law.

Workplace Discrimination

Discrimination occurs when an “adverse action” is taken against someone based on their personal attributes or background. In simple terms, this means treating an individual less favourably because of their gender, sex, race, disability, age or religious beliefs.

Under Australian discrimination laws, such conduct is unlawful. In 2025, both preventive measures and penalties for breaches have been strengthened to better protect employees.

Discrimination can occur at any stage of the employment relationship – from recruitment and training to promotion and dismissal. To put this in context, consider the following examples:

Example 1

A woman applies for a job and during the interview, the employer asks intrusive questions about her plans to start a family, aiming to avoid hiring her due to the anticipated demands of maternity leave.

Example 2

A man with a disability works full-time in an office that lacks proper accessibility facilities, such as wheelchair access. This omission can be seen as discriminatory under current regulations.

What Are My Obligations As An Employer?

As an employer, you have a number of legal obligations to your employees, including the duty to create a safe and respectful work environment.

You must actively ensure that everyone in your workplace is treated fairly by implementing effective workplace policies and regular training programmes.

If you become aware that these standards are not being met, you have an obligation to respond promptly – whether that means launching an investigation or revising your internal procedures.

Why is this crucial?

Failing to act when informed of discrimination or harassment – such as neglecting to investigate complaints or taking delayed corrective measures – can be interpreted as condoning such behaviour, potentially rendering your business “vicariously liable” under the law.

Thus, being proactive is essential. This includes responding swiftly to any complaints and fostering a supportive environment through clearly documented policies and training sessions. Check out our Staff Handbook guide for tips on establishing robust workplace policies.

Since 2023, amendments to workplace laws have been introduced across Australia to enhance employee protection and clarify employer obligations. In 2025, organisations are strongly encouraged to review and update their employment contracts and policies – ensuring that the workplace remains safe, inclusive, and compliant with the latest legal standards. For additional insights, our online business legal checklist is a valuable resource.

As an Employee, How Do I Make A Claim?

If you are experiencing workplace harassment or discrimination, taking action can feel daunting. However, there are several steps you can try before escalating the matter legally.

Firstly, consider speaking directly to the person involved or approaching your manager or designated workplace complaints officer. Often, addressing the issue informally can lead to a swift resolution.

If this does not work or isn’t a viable option, you can seek further assistance from the Fair Work Commission – the national tribunal that handles anti-bullying claims across Australia. Additionally, if your experience relates specifically to discrimination, you might also contact The Australian Human Rights Commission.

You may also consider reaching out to any unions you are a member of for support or advice regarding your rights.

It’s important to note that workplace bullying protections extend beyond traditional employee roles. These laws also cover outworkers, interns, independent contractors and volunteers.

For further detailed guidance, visit the Fair Work website or chat with one of our friendly team members.

Need Help?

Whether you’re an employee looking to lodge a workplace harassment or discrimination claim, or an employer aiming to strengthen your workplace culture and legal compliance, we’re here to help.

Get in touch at 1800 730 617 or team@sprintlaw.com.au for a friendly, no-obligation chat about your options.

Regie Anne Gardoce

Regie is the Legal Transformation Lead at Sprintlaw, with a law degree from UNSW. Regie has previous experience working across law firms and tech startups, and has brought these passions together in her work at Sprintlaw.