Community Law New Zealand / Te Whainga Tika Aotearoa

Human Rights and Discrimination in Employment

THIS SESSION WILL COVER…

• Human Rights Act• Discrimination• Harassment• Dispute resolution• The Human Rights Commission

This session will cover…

1. how to get a jobHuman Rights Act (1993)HUMAN RIGHTS ACT (1993)

• Protects New Zealanders from unlawful discrimination in a number of areas of public life

• What is public life?• In public life, it is unlawful to treat anyone

differently (with some exceptions)

1. how to get a job“Grounds” for discrimination“GROUNDS” FOR DISCRIMINATION

Discrimination is illegal on these grounds:

• Gender• Sexual Orientation• Family Status• Marital Status

• Colour• Nationality or

country of origin• Race• Ethical belief/religion• Political opinion• Employment status

• Age

• Disability

2. how to keep a job4. Saying No! to Sexual DiscriminationIndirect discriminationINDIRECT DISCRIMINATION

• When an action or policy appears to treat everyone in the same way, but actually has a discriminatory effect

• Example: A shop requires customers to climb stairs to enter it. This indirectly discriminates against someone in a wheelchair.

2. how to keep a job4. Saying No! to Sexual Discrimination“Unlawful” discrimination“UNLAWFUL” DISCRIMINATION

Not all discrimination is unlawful

Unlawful discrimination:

• Ground • + area• + disadvantage • + absence of exception or justification• = unlawful discrimination

Major exceptions:

• affirmative action schemes • government or public sector activities that are

“justifiable in a free and democratic society”

• Human Rights Commission info line 0800 496 877 or www.hrc.co.nz

2. how to keep a job4. Saying No! to Sexual DiscriminationIn the employment context:IN THE EMPLOYMENT CONTEXT:

Likely scenarios include:• Job Ads• Interviews• Job Offers• Raises / Promotions• Dismissals

2. how to keep a job2. how to keep a job2. Dealing with Pregnancy & Parenthood Racial HarassmentRACIAL HARASSMENT

When employers, managers, co-workers or clients:• Are directly or indirectly hostile, ridicule or show

contempt based on race, colour, ethnicity or nationality• Say things, shows things or do things that are hurtful or

offensive, and this effects job performance or job satisfaction.

• Someone does not have to say that the behaviour is hurtful or offensive at the time in order to be able to pursue a grievance

SEXUAL HARASSMENT

Sexual Harassment• Doing, saying or showing you something of a sexual

nature • which you do not like …• which happens more than once • or is so bad it affects you in the long-term

2. how to keep a job4. Saying No! to Sexual DiscriminationSexual Harassment

2. how to keep a job4. Saying No! to Sexual DiscriminationResolving DisputesRESOLVING DISPUTES: TWO OPTIONS

If you have been discriminated against, or harassed, you can either:

• raise a Personal Grievance OR• lodge a complaint with the Human Rights Commission

Human Rights Commission (HRC):• Freephone: 0800 496 877• Fax: 09 375 8611• Email: infoline@hrc.co.nz• www.hrc.co.nz

2. how to keep a job4. Saying No! to Sexual DiscriminationHuman Rights Commission (HRC)HUMAN RIGHTS COMMISSION

Process:• Information Advisors • Mediation

Possible outcomes:• An apology• promising not to discriminate in the future• doing an education programme• paying you compensation

Not satisfied?• Office of Human Rights Proceedings (OHRP)• Human Rights Review Tribunal

2. how to keep a job4. Saying No! to Sexual DiscriminationHuman Rights Review TribunalHUMAN RIGHTS REVIEW TRIBUNAL

The Tribunal can:• make an order stopping the other party from continuing or

repeating the conduct you’re complaining about• award damages (money) for financial • award damages for the loss of any benefit (monetary or

otherwise) • award damages for humiliation, loss of dignity, and injury to

feelings• order the other party to do particular things to put right any

loss or damage• make a declaration that a contract entered into or performed

in breach of the Act is an illegal contract

Personal Grievance Path Human Rights Commission

• Can resolve all employment related issues at once

• Employee does not have to be in the same room as the harasser

• Faster choice of forum – particularly mediation

• Employee does not need to tell employer

• Easily accessible • May pursue an action against the harasser personally, and not simply vicariously through the employer

• If challenging a dismissal, it needs to be through the personal grievance forum

• Generally more liberal with identifying sexual/racial harassment

• Harassment must be detrimental either due to its nature or repetition

• No detrimental effect is required

• Doesn’t cover volunteers • Covers hiring process

ELECTING A FORUM

The End! 1. how to get a jobThe End! ANY PĀTAI (QUESTIONS)?

This presentation was put together by:Wellington Community Law CentrePO Box 24005, Wellington 6142(04) 499 2928info@wclc.org.nzwww.wclc.org.nz

Please feel free to download, adapt, improve, distribute, remix, tweak and build upon this presentation.

Disclaimer: We’ve made every effort has been made to ensure this information is correct at the time of publication. However, we can’t take responsibility for errors or omissions. Teachers and learners may need to seek specific advice for your particular situation. Where appropriate, we urge you to do so. Visit your local Community Law Centre: www.communitylaw.org.nz

THANK YOU