# Is it legal for a local shop to post a sign saying they only hire certain people?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-11-05
- Last updated: 2026-11-05
- Canonical: https://lawasked.com/au/employment-law/legal-local-shop-post-sign-saying-they-only

## Question

I am writing to you from Melbourne, Victoria, because I am feeling quite upset about something I saw this morning. I was walking past a small boutique cafe on High Street around 10:00 am today, which I have frequented for about six months. In the front window, right next to the entrance, there is a printed notice that says, 'Staff wanted: Must be of Anglo-Celtic background only. No exceptions.' This was posted yesterday afternoon, and it is very clearly visible to everyone passing by. I have already tried speaking to the manager, a woman I recognise, to politely ask if they made a mistake with the wording, but she just shrugged and said that is how they want to run their business to keep the atmosphere a certain way. I am a local resident and have worked in hospitality for five years, so I know how important these notices are for setting a tone. I am unsure if a business is actually allowed to put up a public sign that makes it clear they intend to only recruit people based on their race or ethnic origin, even if they haven't officially rejected me yet.

## Summary

No, it is likely illegal for the boutique cafe on High Street to display that sign. Under federal law, businesses cannot post notices that indicate they intend to discriminate against people based on their race or ethnic origin.

## Analysis

Based on the notice you saw at the boutique cafe, the business appears to be in breach of federal anti-discrimination laws. Specifically, the Racial Discrimination Act 1975 prohibits certain types of public messaging regarding employment.

Under Section 16 of the Racial Discrimination Act 1975, it is unlawful for a person to "display... an advertisement or notice that indicates, or could reasonably be understood as indicating, an intention to do an act that is unlawful" [1]. This means that even if the cafe has not officially rejected a specific job applicant yet, the mere act of posting a sign that says they only want staff of 'Anglo-Celtic background' is illegal because it signals an intention to discriminate based on race [1]. 

Furthermore, the Fair Work Act 2009 protects prospective employees from discrimination. An employer is prohibited from taking "adverse action"—which means treating someone poorly or unfairly in a way that harms them—against a "prospective employee" because of their race, colour, or national or ethnic origin [2]. A prospective employee is someone who is applying for a job or is in the process of trying to get one.

While the manager claimed the sign is necessary to "keep the atmosphere a certain way," the law does not provide an exception for 'atmosphere' when it comes to racial exclusion. The law is unsettled only if the business could prove the requirement is an "inherent requirement" of the job, such as a specific role in a religious institution, but a cafe's general atmosphere does not meet this high legal bar [2].

State-based laws, such as the Equal Opportunity Act 2010 in Victoria, may also provide additional protections and avenues for complaint.

## Statutory citations

- Racial Discrimination Act 1975, Section 16 - Advertisements [in force] (https://www.legislation.gov.au/C2004A00274/latest/text)
  > It is unlawful for a person to publish or display... an advertisement or notice that indicates, or could reasonably be understood as indicating, an intention to do an act that is unlawful
- Fair Work Act 2009, Section 351 - Discrimination [in force] (https://www.legislation.gov.au/C2009A00028/latest/text)
  > An employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because of the person’s race, colour...

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