Discrimination can have a significant impact on your emotional well-being, career development, and overall job satisfaction. If you believe you’re being discriminated against at work, it’s important to understand your rights and take the necessary steps to protect yourself. In this blog, we’ll explore how to identify workplace discrimination and what actions you can take if you’re experiencing it.
What Is Workplace Discrimination?
Workplace discrimination occurs when an employee is treated unfairly or unfavorably because of specific characteristics or attributes. These characteristics could include, but are not limited to:
- Gender or Sex: Discriminating against someone because of their gender or sex, including unequal pay or opportunities.
- Race or Ethnicity: Discrimination based on race, skin colour, nationality, or cultural background.
- Disability: Treating someone unfairly due to their physical or mental disability, including failure to accommodate reasonable adjustments.
- Age: Discriminating against employees or job applicants because of their age.
- Sexual Orientation: Bias or mistreatment based on a person’s sexual orientation.
- Religion: Discrimination based on someone’s religious beliefs or practices.
- Pregnancy or Parental Status: Unfair treatment because someone is pregnant, has recently given birth, or is a primary caregiver.
Discrimination can manifest in various ways, such as:
- Unequal pay or benefits for the same work
- Exclusion from job opportunities, training, or promotions
- Unwanted comments or jokes about your race, gender, or disability
- Being denied reasonable accommodations for a disability
- Harassment or mistreatment based on personal characteristics
- Being overlooked for assignments or responsibilities due to personal attributes
Steps to Take if You Experience Workplace Discrimination
If you believe you are experiencing discrimination at work, it’s essential to act promptly to protect your rights. Here are the key steps you should follow:
1. Document the Discriminatory Behaviour
Start by keeping a detailed record of the discriminatory incidents. Note the date, time, location, and nature of each occurrence, as well as the individuals involved. If there are any witnesses, document their names as well. This evidence will be crucial if you decide to take further action.
2. Speak Up – Address the Issue (If You Feel Safe Doing So)
In some cases, addressing the issue directly with the person responsible can help resolve the problem. If you feel safe doing so, consider having a conversation with the individual or your supervisor about the discrimination you’re facing. Sometimes, people may not be aware of their actions, and bringing it to their attention can lead to a positive change.
3. Review Your Company’s Policies
Most companies have a code of conduct or anti-discrimination policy in place. Review these documents to understand your employer’s stance on discrimination and the steps they’ve outlined for addressing these issues. This can give you an idea of the process to follow internally.
4. Raise a Formal Complaint
If speaking up doesn’t resolve the issue, or if you feel uncomfortable doing so, consider raising a formal complaint within your organisation. Follow the steps outlined in your company’s anti-discrimination or grievance policy. It’s important to put your complaint in writing to ensure there is a record of the issue.
5. Seek Legal Advice
If internal resolution methods do not work or you feel the situation is too serious, seeking legal advice is crucial. An employment lawyer can help you understand your rights and the best course of action. At Mahi Law, we offer a free consultation to assess your situation and provide expert guidance on how to proceed.
6. File a Personal Grievance
If discrimination continues or if you face retaliation after raising concerns, you may file a personal grievance. In New Zealand, you have the right to file a grievance for discrimination within 90 days of the incident. A personal grievance can help you seek remedies such as compensation, reinstatement, or other legal solutions.
7. Consider Mediation or Legal Action
If your issue is not resolved through internal channels, you can seek mediation. Mediation is an informal process where a neutral third party helps facilitate a resolution between you and your employer. If mediation fails, you may need to take the matter to the Employment Relations Authority (ERA) for a formal hearing.
The Bottom Line
Discrimination in the workplace is unlawful and can have serious consequences for both your personal well-being and professional life. It’s essential to take action if you experience discrimination and to understand your rights under the law.
We can help!
If you believe you’ve been discriminated against at work, the team at Mahi Law is here to support you. Our experienced employment relations specialists can help you navigate the process and take the necessary steps to protect your rights. Whether it’s offering advice, assisting with a formal complaint, or representing you in legal proceedings, we are committed to achieving a fair outcome.
Want a free consultation?
Fill out this form to get in touch – or contact us at [email protected], or on 027 425 2231.
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