Discrimination in the workplace
Workplace discrimination negatively affects us all. Discrimination in the workplace surveys show that a large percentage of New Zealand workers feel they have been discriminated against.
By knowing how to define discrimination in the workplace and learning how to recognise and prevent it, we can create a more equitable work environment for ourselves and for generations yet to enter the workforce. In this article, we cover workplace discrimination laws and how to determine if you’re being discriminated against.
What is discrimination in the workplace?
Discrimination in the workplace is when someone is treated unfavourably or excluded due to their background or disability. It can take many different forms – it could be a dress-code policy, a lower salary for the same job, or exclusion from a team activity based on gender. Whether the result of racial, sexual orientation or sex discrimination in the workplace, discrimination is illegal and you have the right to spseak up if you or someone in your team is being treated unfairly.
Types of discrimination
Discrimination is not always easy to recognise. It might be obvious and direct, for example, if someone tells age- or sex-related jokes (racial discrimination in the workplace). Or it might be more subtle and indirect, through a company policy that disadvantages a particular ethnic or religious group.
Direct discrimination
Direct discrimination is when a person or group is treated less favourably or unfairly compared to another person or group, due to their background or certain personal charactistics. For example, age discrimination in the workplace is a direct form of discrimination. Say a younger person is denied a supervisory role, because they’re presumed to lack maturity – or an older person is passed over for a role because it’s assumed they aren’t competent using technology.
It is also direct discrimination if you are excluded or treated unfairly due to a disability. Disability discrimination in the workplace examples include being rejected for a position or promotion due to a disability that doesn’t affect work performance, or a workplace refusing to make necessary and fair adjustments for someone using a wheelchair or other mobility aids.
Indirect discrimination
Indirect discrimination is when there is an unreasonable rule or policy that has an unfair effect on people with a particular attribute. This attribute may pertain to a person or group’s race, sex, marital status, age, disability or sexual orientation, or due to pregnancy or breastfeeding.
An example of indirect discrimination is a public building with stairs but no lift or accessability ramp, as people who use a wheelchair or mobility aids aren’t able to enter the building. It may also include situations where a specific height or weight is required for a job where height and weight aren’t relevant to carrying out the role.
Systemic discrimination
Systemic discrimination is when the procedures, routines and organisational culture of a workplace contribute to less favourable outcomes for employees with particular characteristics. This may also be known as structural discrimination, institutional discrimination or systemic discrimination.
In the hiring process, systemic discrimination may look like a job ad asking for “energetic” people, an interview requiring a personality test, or a company seeking a “digital native”. Systemic discrimination does not need to be intentional, and can be avoided or phased out by companies by creating diverse and inclusive policies.
Harassment
Harassment in the workplace is behaviour that intimidates, offends or humiliates, regardless of the intention. It can be verbal, visual or physical in nature. Bullying or harassing someone may look like:
- Telling offensive jokes, including jokes about particular racial groups, genders and disabilities, etc.
- Making derogatory comments or taunting someone
- Displaying offensive or inappropriate posters, screensavers or other material
- Sending explicit messages or emails or making explicit comments
Harassment doesn’t have to mean repeated incidents – a single incident may also be considered harassment.
How to prevent and address workplace discrimination
There are ways both employees and employers can help prevent and address unlawful discrimination in the workplace. Workplaces should make every attempt to create diverse and inclusive environments, including:
- Implementing training programs on diversity and inclusion
- Developing non-retaliatory reporting processes for victims or witnesses of workplace discrimination
- Establishing methods of investigating and addressing workplace discrimination complaints
- Creating policies and procedures for dealing with discrimination and retaliation
As an employee, you can also help address and prevent workplace discrimination. This includes being open-minded about training programs, following procedures, not committing workplace discrimination yourself, and speaking up where you see discrimination.
Laws and regulations
Workplace discrimination may be unlawful. Anti-discrimination legislation in the workplace helps protect people against discrimination, and outlines specific acts or events that may be considered discrimination, and the consequences of these actions.
The Human Rights Act 1993 outlines anti-discrimination laws. It's illegal to discriminate against someone in the workplace (or in "public life") based on:
- sex
- marital status
- religious belief
- ethical belief
- colour
- race
- ethnic or national origins
- disability
- age
- political opinion
- employment status
- family status
- sexual orientation
What to do if you feel you’re being discriminated against
There are consequences of discrimination in the workplace, which can be handled internally or escalated to the Fair Work Commission. If you feel you have been discriminated against in the workplace, ensure you document the issue and note dates, times and people present, and keep any evidence. Next, you should source your company’s discrimination reporting process, which may include speaking with your HR department.
If your company does not address the complaint fairly or seriously, you can raise a personal grievance under the Employment Relations Act 2000 or you can complain to the Human Rights Commission (but you can't do both). You can read more about your options here.
How to create a diverse workplace culture
Eliminating bias and discrimination in the workplace is beneficial for everyone. A diverse and fair workplace helps provide equal and equitable opportunities for all employees, creates a happier work environment, helps decrease turnover and increases satisfaction and productivity.
Your employer should be making an effort to create a diverse workplace culture, by offering documented policies and training on diversity and inclusion. Employees should be encouraged to be open and honest about experiencing or witnessing discrimination in any form under federal discrimination laws.
There are no negatives to a diverse and inclusive workplace. Everyone, regardless of background or characteristics, should be treated fairly at work and have equitable opportunities, where the same amount of work earns the same benefits and entitlements.
FAQs
What is meant by a protected class?
A protected class is a group of people who are protected against discrimination under federal law based on their characteristics. For example, it is unlawful to discriminate against someone based on their race, sex, pregnancy and marital status, family responsibilities, age, disability, sexual orientation, gender identity, intersex status or if they breastfeed.
What are the different types of workplace discrimination?
The different types of workplace discrimination are:
- Age
- Race or colour
- Ethnicity or nationality
- Sex (including pregnancy or childbirth)
- Sexual orientation
- Disability
- Religious or ethical beliefs
- Marital or family status
- Employment status
- Political opinion
- Family violence
- Involvement in union activities
How can I recognise workplace discrimination?
Some key ways to recognise workplace discrimination include experiencing or noticing:
- Unfair treatment
- Derogatory comments or jokes
- Exclusion
- Favouritsm
- Unfairly denied opportunities
- Unequal pay
Any sort of unfair treatment, behaviour or comments may be discrimination.
What evidence should I gather if I think I’m the victim of discrimination?
If you believe you are the victim of discrimination, you should collect any evidence to support your claim of being discriminated against under workplace discrimination laws. This may include dates and times of events, names of people who were present and copies of any relevant emails and documentation.
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