Specialist Discrimination Lawyers in Sydney & Nationwide

Your Rights, Our Fight

Trusted & Recommended by Clients. Let by Accredited Specialists

4.6 – 120 Reviews

The O'Brien Advantage

Proven Track Record

We have a history of successfully representing clients in a wide range of discrimination cases. Our victories have secured meaningful outcomes, including significant compensation, formal apologies, and crucial policy changes within organisations, ensuring our clients receive justice and respect.

Extensive Discrimination Law Expertise

Our team possesses in-depth knowledge of Australian anti-discrimination laws, including the Racial Discrimination Act, Sex Discrimination Act, Disability Discrimination Act, and Age Discrimination Act. We navigate the complexities of state and federal legal systems to provide the strongest possible representation for our clients.

Personalised and Sensitive Approach

We understand that every case of discrimination is deeply personal. Our lawyers take the time to listen to your unique situation with dignity and empathy, tailoring a legal strategy that aims to achieve your desired outcome while protecting your wellbeing.

No Win, No Fee*

For certain discrimination claims, we offer a no win, no fee arrangement. This ensures you can access expert legal representation to challenge unfair treatment without the burden of upfront costs or financial risk, meaning you do not pay legal fees unless we win your case.

Workplace Discrimination

We represent clients who have experienced unfair treatment in the workplace. This includes discrimination in hiring, pay, promotions, or termination based on protected attributes. We are also highly experienced in handling claims of workplace bullying and harassment that are linked to discrimination.

Racial Discrimination

Our firm is committed to fighting against discrimination based on a person’s race, colour, descent, or national or ethnic origin. We handle cases involving racism in various settings, including employment, education, accommodation, and the provision of goods and services.

Gender Discrimination

We advocate for clients who have faced discrimination because of their sex, gender identity, sexual orientation, pregnancy, or marital status. Our expertise extends to handling cases of sexual harassment, ensuring that perpetrators and institutions are held accountable.

Age Discrimination

It is unlawful to be treated unfairly because of your age. We handle cases involving age discrimination, particularly in employment contexts such as hiring decisions, access to training opportunities, and forced retirement.

Disability Discrimination

Our lawyers represent individuals who have been discriminated against due to a physical, intellectual, psychological, or sensory disability. This includes fighting for clients when an employer has failed to provide reasonable adjustments to accommodate their needs in the workplace.

Other Areas of Discrimination

Our legal expertise covers all aspects of discrimination and vilification law. We provide comprehensive legal services for claims related to other protected attributes, including religious belief and political opinion, under both state and federal legislation.

Protecting You from Discrimination: How Our Lawyers Can Help

At O’Brien Criminal and Civil Solicitors, our team is dedicated to fighting for your rights and securing justice. Discrimination claims require a strategic approach, and here are some of the ways we can help you:

Investigating Your Claim

Our first step is to conduct a thorough investigation into the circumstances of your claim. We will work with you to meticulously gather all relevant evidence, which may include emails, internal documents, witness statements, and medical reports. By building a strong foundation of evidence, we develop a clear and strategic legal argument to support your case and maximise your chances of a successful outcome.

Conciliating with the Other Party

Many discrimination matters are resolved through conciliation, a confidential process where we negotiate with the other party on your behalf. Our lawyers are skilled negotiators who will advocate for your interests to achieve a favorable settlement, which can include financial compensation, a formal apology, or changes to workplace policies. Our goal is to resolve your claim efficiently and effectively, often without the need for formal legal proceedings.

Representing You in Tribunals and Courts

If your claim cannot be resolved through conciliation, we are prepared to escalate the matter. Our experienced litigators will provide expert representation in tribunals such as the Australian Human Rights Commission or state-based bodies, as well as in the Federal Court or Federal Circuit Court. We will guide you through every step of the process, ensuring your case is presented forcefully and persuasively to secure the justice you deserve.

Meet Our Discrimination Law Team

With over a decade of experience, our legal team has made us one of Australia’s leading firms in challenging discrimination. Led by firm founder and Principal Solicitor, Peter O’Brien, our dedicated and enthusiastic team has represented clients in commissions, tribunals, and courts across the country.

No matter the circumstances of your case, our discrimination lawyers will always provide you with clear advice and a roadmap to get the best result possible in the most economical way. Our team at O’Brien Criminal & Civil Solicitors is led by Law Society Accredited Specialists, who have undergone a rigorous assessment process to demonstrate their high level of expertise in their chosen area of law.

The Discrimination Claim Process

1. Free Initial Consultation

If you believe you have experienced discrimination, contact us for a free consultation. Our lawyers will assess your claim, explain your legal options, identify the appropriate commission or tribunal for your matter, and discuss flexible payment arrangements.

2. Building Your Case

Your lawyer will meticulously gather evidence, such as emails, internal communications, witness statements, and performance reviews, to build a strong and strategic case on your behalf.

3. Communication & Conciliation

Your lawyer will keep you fully informed about the progress of your case, lodging your complaint and preparing all necessary documentation. We will represent you in any conciliation conferences, aiming to resolve the matter effectively and efficiently.

4. Pursuing a Resolution

Our lawyers work tirelessly to achieve the best possible outcome. This may involve negotiating a confidential settlement, securing a public apology, or, if conciliation is unsuccessful, representing you in formal tribunal or court proceedings.

Remember: You don’t have to face discrimination alone. The law can be complex, but our experienced solicitors are here to protect your rights and fight for the justice you deserve. Contact us for compassionate guidance and determined representation.

What to Do if You Have Been Discriminated Against

If you have been subjected to unlawful discrimination, it is crucial to act. While the process can feel overwhelming, we are here to protect your rights and help you hold those responsible accountable.

Workplace Discrimination

Discrimination in Other Areas (e.g., Goods, Services, Housing)

General Tips for All Discrimination Claims

Remember: You don’t have to face this alone. Let the discrimination law experts at O’Brien Criminal and Civil Solicitors guide you and fight for your rights.

We will strive to secure the justice you deserve by providing practical and effective legal advice. Whether you have been discriminated against at work, in education, or elsewhere, we are here to help. Plus, in many discrimination claims, you can benefit from having your costs covered under a no-win, no-fee arrangement.

Voices of Justice: Client Reviews

Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.

William Spedding

Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter

Mr Garfield

Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.

Ruen Motto

Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!

Daryl Ryan

I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.

Madeline Hayman-Reber

I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!

William Hall

They stick up for the little guy. Keep it up!

Samira Bakhshi

O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.

James Supple

O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.

Susan

Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.

John S

As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.

FAQs on Civil Claims

What is unlawful discrimination?

In Australia, unlawful discrimination occurs when a person is treated unfairly or less favourably because of a protected personal attribute. These attributes include race, age, sex, disability, sexual orientation, and religion. This protection applies to many areas of public life, such as employment, education, accommodation, and the provision of goods and services.

What are the time limits for making a discrimination claim in NSW?

Strict time limits apply and it is crucial to act quickly. For federal matters, a complaint to the Australian Human Rights Commission must generally be made within 24 months of the alleged discrimination. For state-based claims in New South Wales, the time limit to lodge with Anti-Discrimination NSW is 12 months.

What should I do if I'm being discriminated against at work?

First, keep a detailed and confidential record of all incidents, noting dates, times, people involved, and exactly what was said or done. Gather any supporting evidence like emails, messages, or performance reviews. Most importantly, seek legal advice promptly to understand your rights and the best course of action.

What is the difference between direct and indirect discrimination?

Direct discrimination is when you are treated less favourably than someone else because of a protected attribute. An example is being refused a job because of your race. Indirect discrimination happens when a policy or rule seems fair but has an unfair effect on people with a specific protected attribute. For instance, a requirement that all employees work full-time could indirectly discriminate against those with family or carer responsibilities.

Do I have to go to court for a discrimination claim?

Not always. The vast majority of discrimination complaints are resolved through a confidential process called conciliation, which is managed by bodies like the Australian Human Rights Commission or Anti-Discrimination NSW. A skilled lawyer will represent you during these negotiations. The matter will only proceed to a tribunal or court if a resolution cannot be reached.

What outcomes can I get from a successful claim?

Outcomes vary and are tailored to the situation. A successful claim can result in financial compensation for lost wages and emotional distress, a formal apology, reinstatement to your job, or the implementation of new anti-discrimination policies and training within the organisation.

What does "no win, no fee" mean for my discrimination case?

This arrangement, also known as a conditional costs agreement, means you will not have to pay our legal fees unless we achieve a successful outcome in your case. This ensures you can access expert legal representation without the stress of upfront costs. Please note that conditions do apply to this arrangement.

Is sexual harassment considered a form of discrimination?

Yes, under Australian law, sexual harassment is a form of sex discrimination. It is defined as any unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, or intimidated, and it is unlawful in workplaces and other areas of public life.

What evidence do I need for my discrimination claim?

The strength of your claim often depends on the evidence you can provide. Useful evidence includes a personal diary detailing the incidents, copies of emails, text messages, or social media posts, employment contracts, performance reviews, and the contact information of any potential witnesses.

What is vilification?

Vilification is a public act that could incite hatred, serious contempt, or severe ridicule towards a person or group because of their race, religion, sexual orientation, or gender identity. It is a serious form of discrimination and is unlawful in Australia.