Unlawful discrimination can have devastating effects, whether it happens at school, work, in public services, or while dealing with government bodies. If you’ve been treated unfairly because of a disability, race, gender, religion, sexual orientation, or other protected attribute, you may have the right to sue for unlawful discrimination under NSW or federal law.
At O’Brien Criminal and Civil Solicitors, we’ve helped clients across NSW challenge discrimination and seek justice through the Australian Human Rights Commission (AHRC), Anti-Discrimination NSW, and through court action when necessary.
What Is Unlawful Discrimination?
Discrimination becomes unlawful when a person is treated unfairly or disadvantaged in a protected area (like education or employment) due to a personal characteristic such as:
- Disability
- Age
- Sex or gender identity
- Race or ethnic background
- Sexual orientation
- Pregnancy or family responsibilities
- Religion or political belief
Laws like the Anti-Discrimination Act 1977 (NSW) and the Disability Discrimination Act 1992 (Cth) protect your rights. So, if an institution breaches them, you may be able to lodge a complaint, seek compensation, or ask for urgent remedies.
Real Case Study: HSC Student Fights Back Against Discrimination
Our client, we’ll call him Tom*, was an 18-year-old student who had severe developmental dyspraxia. He faced discrimination when the NSW Education Standards Authority (NESA) denied his reasonable exam adjustments, including the use of a laptop and extra time, despite his medical evidence and a clear need.
After an internal review failed, Tom’s family came to us for legal help. We quickly filed a complaint with the AHRC, threatened legal action and media exposure, and within days, NESA reversed its decision. In the end, Tom was granted laptop access for his HSC, an urgent win for equality and fairness in education.
Read the full case study here.
*We always change details in our case studies to protect client confidentiality.
Can You Sue for Discrimination?
In many cases, yes. You may have legal grounds to:
- File a complaint through the AHRC or Anti-Discrimination NSW
- Seek conciliation or mediation
- File a civil claim in the Federal Court, Federal Circuit Court, or NSW Civil and Administrative Tribunal (NCAT)
- Claim compensation for financial loss, emotional harm, or reputational damage
Why Legal Advice Matters
Discrimination law is complex, and time limits apply. In most cases, you must lodge your complaint within 6 to 12 months of the incident. That’s why it’s crucial to seek legal advice as early as possible.
Our civil lawyers can:
- Assess whether you have a claim
- Help you prepare and file a strong complaint
- Represent you in conciliation or litigation
- Demand appropriate remedies or compensation
Need a lawyer for Unlawful Discrimination?
Contact us today for a confidential consultation and take the first step towards resolution.
Call (02) 9261 4281
Email
Or enquire online for a confidential consultation.
