Support with workplace Discrimination

Discrimination occurs when your employer (or someone acting for them) treats you less favourably than others in similar roles. This could mean denying you the same pay, conditions, benefits, training, promotion, or transfer opportunities that colleagues with comparable skills receive. It also includes putting you at a detriment – anything that harms your job performance or satisfaction – or dismissing you in circumstances where others would not face the same treatment, simply because of a prohibited ground.

The law protects you from less favourable treatment linked to certain personal characteristics, known as prohibited grounds. These include your sex, race, age, disability, religious or ethical belief, sexual orientation, marital status, family status, political opinion, and ethnic or national origins. If you suspect the unfair treatment stems from one of these, it may well be unlawful discrimination.

Sexual harassment happens when someone at work uses sexual language, shows sexual images, or behaves physically in a sexual way that you find unwelcome or offensive. If it affects your performance or makes work unpleasant – whether it happens once or repeatedly – that counts. It also covers any request for sexual activity that comes with a promise of better treatment or a threat of worse treatment. Importantly, the person doesn’t need to mean harm; it’s about the detrimental effect on you.

Racial harassment means using words, images, or physical behaviour that show hostility, contempt, or ridicule towards you because of your race, colour, or ethnic or national origins, and that hurts or offends you enough to damage your job satisfaction or performance. If a client or customer harasses you sexually or racially, tell your employer in writing. They must investigate properly and take practicable steps to stop it happening again. If they don’t, they could be breaking the Human Rights Act 1993.

Yes, completely. It is unlawful for your employer to treat you adversely – such as dismissing you or causing you detriment – just because you are (or they think you are) affected by family violence. You also have the right to ask for short-term flexible working arrangements (up to 2 months) to help you deal with its effects.

Start by documenting everything. Write down dates, times, places, exactly what happened, what was said or done, and any witnesses. This record is vital if you later raise a formal complaint or personal grievance. After that, check your workplace policies and procedures on harassment and discrimination.

You are entitled to a fair process, a thorough and impartial investigation, and confidentiality. You can bring a support person, union representative, or lawyer to any meetings. You’re also allowed to seek help from HR, your union, a mental health professional, or an external employment advice service throughout the process.

You need to act quickly. For most grievances involving unjustifiable disadvantage or dismissal due to discrimination or harassment, you have 90 days from the incident (or from when you found out about it) to raise it with your employer. However, if the grievance involves sexual harassment, you have 12 months under the Employment Relations Act 2000.

Under the Health and Safety at Work Act 2015, your employer must keep you safe, including from psychological harm caused by harassment or discrimination. They have to take all reasonably practicable steps to eliminate or minimise these risks. That means having clear policies (such as a code of conduct), providing training, setting up easy reporting procedures, and investigating every complaint thoroughly and impartially.

• Raise a personal grievance under the Employment Relations Act 2000 – free mediation is available through Employment New Zealand.

• Lodge a complaint with the Human Rights Commission under the Human Rights Act 1993 for discrimination on protected grounds.