Can I file two different complaints about my boss's discrimination?

The situation

I am currently living in Victoria and I am feeling very stressed about my situation at work. About three months ago, in early February, my manager at the retail shop where I work made several disparaging comments regarding my pregnancy and my ability to manage my family responsibilities. This happened during a team meeting on the 14th of February, and it has continued through several small interactions over the last eight weeks. I felt so undermined that I decided to take action. Last week, I officially lodged a formal complaint through our local state-based anti-discrimination body here in Victoria, specifically focusing on the unfair treatment regarding my pregnancy. However, after talking to a friend, I heard that I might also be able to take this matter to the federal human rights commission instead. I am confused about whether I am allowed to have two active cases running at the same time for the same incident. Since I have already started the process with the state government, am I blocked from using the national system, or can I choose to pursue both pathways to ensure my rights are protected?

Detailed Analysis

Under the Sex Discrimination Act 1984, there are rules to prevent people from pursuing the exact same claim through both state and federal pathways at the same time. Because your manager's comments on 14 February and the subsequent interactions involve pregnancy and family responsibilities, they fall under these rules.

The law states that "the person is not entitled to make a complaint or institute a proceeding under the Australian Human Rights Commission Act 1986 alleging that the act or omission is unlawful under a provision of Part II of this Act" if they have already made a complaint under a state law regarding that same act or omission^[1]. This means that since you have already officially lodged a formal complaint through the Victorian state-based anti-discrimination body for the treatment you received regarding your pregnancy, you are blocked from starting a new, separate case with the federal Australian Human Rights Commission for those same specific incidents^[1].

While the federal Act is not intended to "exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act"^[1], this concurrency refers to the laws existing alongside each other, not to a person filing two different lawsuits for the same single event. In your case, once you choose the state pathway for the disparaging comments made in February and the following eight weeks, the federal pathway for those specific events is closed to you.

Furthermore, similar restrictions apply to other types of discrimination. For example, if a matter involves racial discrimination, the law states that if a person has made a complaint under a state law, "the person shall be deemed never to have been, and is not, entitled to make a complaint or institute a proceeding under the Australian Human Rights Commission Act 1986"^[2]. This reinforces the principle that you cannot use both systems for the same incident.

Please note that state, provincial or local law may add further rules, so you should check specific Victorian administrative procedures.

Statutory Citations

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