What can I do if my employer discriminates against me?
Employers are prohibited from discriminating against employees on the following grounds:
- colour
- race
- ethnic or national origins
- sex (including pregnancy or childbirth)
- marital or family status
- age
- disability
- religious or ethical belief
- political opinion
- employment status
- sexual orientation
- involvement in union activities, which includes (among other things) claiming or helping others to claim a benefit under an employment agreement, or taking or intending to take employment relations education leave.
These grounds (apart from the last ground) are the same as the grounds in the Human Rights Act. In some circumstances, different treatment of employees on these grounds is acceptable.
If you believe your employer is discriminating against you on one or more of the prohibited grounds listed above, you should first talk with your employer to try and resolve the problem. Both the employer and employee have an obligation to openly communicate and try to deal with any issues that affect the employment relationship. Click here for more information on the first steps in problem solving.
If this is unsuccessful, or you feel your employer has not dealt with the situation to your satisfaction, you can choose to either seek mediation or you can contact the Human Rights Commission.
Date Modified: Wednesday, 30 May 2012
Disclaimer: The content on this website covers common problems. It will not answer every question
and should not be used as a substitute for legislation or legal advice.State sector employers
and employees may be affected by some differences in the laws that apply to them (e.g. State
Sector Act 1988).The Department of Labour takes no responsibility for the results of any actions taken
on the basis of information on this website, nor for any errors or omissions.
