Anti_Discrimination_Presentation

Report
Anti-Discrimination
Law
4 J U LY 2 01 3
The information provided in this session is for information
purposes only.
It must not be relied on as legal advice.
You should seek legal advice about your own particular
circumstances.
WHAT IS THE HUNTER COMMUNITY LEGAL CENTRE?
The Hunter Community Legal Centre (HCLC) is an independent, not for profit,
community legal centre funded by the State and Federal Governments.
HCLC provides free legal advice and assistance to disadvantaged people
who live, work or study in the Newcastle, Lake Macquarie, Port Stephens,
Great Lakes and Hunter Valley regions of New South Wales.
You can call HCLC for free legal advice on 4040 9120 at the following times:
Monday: 10.00 am – 12.00 noon
Wednesday: 2.00 pm – 4.00 pm
Friday: 10.00 am – 12 noon
AIMS FOR TODAY
• What is discrimination?
• What is vilification?
• What can I do if I am being discriminated against?
• Who can help me?
UNLAWFUL DISCRIMINATION
• Not all unfair treatment is against the law.
• Discrimination is only unlawful if it occurs on certain
GROUNDS (like race or sex) and in certain AREAS (like
at work)
• There are both State and Federal laws which prohibit
unlawful discrimination unlawful.
WHAT ARE THE GROUNDS?
Race
Sex
Disability
Family /carers
responsibilities
• Age
• Pregnancy / breastfeeding
•
•
•
•
WHAT ARE THE AREAS?
•
•
•
•
•
•
Employment
Education
Accommodation
Clubs & associations
Goods & services
Access to public places
GROUND + AREA
=
DISCRIMINATION
DIRECT V INDIRECT DISCRIMINATION
Direct discrimination:
A real estate refuses to rent a
house to someone because of
their ethnic background.
Indirect discrimination:
An employer makes a rule that workers
must not wear hats or any other
headwear at work.
This rule does not appear to be
discriminatory on the face of it.
However, it may have a disproportionate
impact on some people (e.g. Sikh men
who wear turbans or Muslim women
who wear hijabs).
DISCRIMINATION BASED ON RACE
Racial discrimination is when a
person is treated less favourably
than another person in a similar
situation because of their race,
colour, descent, national or
ethnic origin or immigrant status.
DISCRIMINATION BASED ON SEX OR SEXUALITY
Discrimination on the grounds of a persons sex or sexuality occurs when a
person is treated less favourably than another person in a similar situation
because of their sex or sexuality.
DISCRIMINATION BASED ON FAMILY
RESPONSIBILITIES
Discrimination on the grounds of family responsibilities occurs when a person is
treated less favourably than another person in a similar situation because of their
family responsibilities. This would include being discriminated against because you
are responsible for caring for a dependent child or step-child or another immediate
family member.
Eva works in retail. Ever since she started working at the shop, staff
meetings were held once a week at lunchtime. Her manager sends
everyone an email, saying that meetings will now be held at 8 o’clock in
the morning. Eva can’t make these meetings because she has to drop her
children at school. Her manager starts to give her less shifts and threatens
to fire her if she does not attend the meetings.
EMPLOYMENT
This area covers anything to do
with work, such as:
•
•
•
•
•
•
Applying for a job
Getting a promotion
Training opportunities
Working conditions
Losing your job
Losing other work
entitlements.
EDUCATION
This area covers anything to do
with Schools, TAFEs,
Universities and other
educational institutions:
•
•
•
•
•
Applying for enrolment
Treatment by your teachers
Being suspended or expelled
Disciplinary action
Access to services
GOODS & SERVICES
This area covers anything to do
with accessing services or
buying products from private
companies or government
departments.
•
•
•
•
•
•
Centrelink
Department of Housing
Hospitals
Banks
Shops, Cinemas, Gyms
Restaurants & Pubs
EXCEPTIONS & EXEMPTIONS
The laws prohibiting discrimination also provide for certain exceptions or
circumstances where discrimination is not unlawful.
For example, if an employer can show that a job applicant with a disability
was not able to fulfil the inherent requirements of the position, the employer
will not be breaching the anti- discrimination laws by refusing to employ that
person.
Exceptions in discrimination law can be complicated and change
over time. It is important to get legal advice about whether
discrimination law will cover your problem and whether any
exceptions apply.
For help or to make a complaint you can call:
- the NSW Anti-Discrimination Board (02) 4926 4300
- the Australian Human Rights Commission 1300 656 419
- the Hunter Community Legal Centre on (02) 4040 9120
SUMMARY: WHAT IS DISCRIMINATION?
Step One
Have you been
treated unfairly or
harassed because
of one of the
GROUNDS we
discussed earlier?
Yes
Step Two
Have you been
treated unfairly or
harassed in one of
the AREAS we
discussed?
Step Three
Are there any legal
EXCEPTIONS or
exemptions that
might apply in your
situation?
Yes
No
This is unlawful
discrimination
WHAT IS RACIAL VILIFICATION
Under NSW law, racial vilification is when someone says or does
something IN PUBLIC that :
• incites hatred towards or serious contempt for; or
• severely ridicules….
A person or group because they:
• belong to a particular race; or
• are gay, lesbian or transgender; or
• Are living with HIV/AIDS
Racial vilification is unlawful.
WHAT IS RACIAL HATRED?
Under Federal law, The Racial Hatred Act 1995, allows people to complain to
the Australian Human Rights Commission about racially offensive or abusive
behaviour about public acts which are:
• done, in whole or in part, because of the race, colour, or national or
ethnic origin of a person or group
AND
• reasonably likely in all the circumstances to offend, insult, humiliate
or intimidate that person or group.
RACIAL HATRED: EXAMPLES
Examples may include racially offensive:
• material on the internet, including social networking sites,
videos and blogs
• comments or images in newspapers or magazines
• speeches at a public rally
• comments made in the workplace, on public transport, at
school or at a sporting event
A RECENT EXAMPLE
Indigenous AFL player, Adam Goodes,
points out a spectator who called him
an “ape”.
An apology letter written by the spectator.
TALK ABOUT THE PROBLEM
Sometimes you can quickly and easily solve a problem by raising issues
directly with the person you are having a problem with. You could speak to
them, write a letter to them, talk to their boss etc.
WHAT DO YOU WANT?
Before you speak to the person that
is discriminating against you, it is a
good idea to decide what you want.
Then it’s easier to work out the best
way to get it!
I want
access
to a
service
I want the
discrimination
to stop
I want to be
compensated for
money I have lost
I want an apology from the person who
discriminated against me
I want an
unfair policy
to be
changed
I want my
workplace to
deliver training
on
discrimination
issues
I want to make
sure that what
happened to
me didn’t
happen to
anyone else
I want my
old job back
WHO CAN I TALK TO ABOUT DISCRIMINATION?
You could raise your concerns with:
• The person who has discriminated
against you
• That person’s boss or manager
• The company that the person works for
Or you could take your complaint to:
• An industry body or government
department
• A trade union
• The Anti-Discrimination Board of NSW
• The Fair Work Ombudsman
• The Australian Human Rights
Commission
Or you could seek legal advice.
COMPLAINTS TO THE ANTI DISCRIMINATION BOARD
You can complain to the Anti-Discrimination Board of NSW.
•
You have to make this complaint IN WRITING…
•
But you can write it IN ANY LANGUAGE.
•
You need to explain what happened, why you think you
have been discriminated against and how you would like
the problem to be resolved
What will the ADB do with my complaint?
•
Inform the other party of your complaint
•
Help you and the other party to find a solution to the
problem
•
The service is free, and you don’t need a lawyer.
•
If the board can’t help you solve the problem, they will
refer you on to the Administrative Decisions Tribunal,
which is similar to a court.
ANTI-DISCRIMINATION BOARD ADVICE LINE
The Anti-Discrimination Board also provides a
free, confidential enquiry service.
You can call them on (02) 9268 5544
or 1800 670 812 or email
[email protected]
They can give you information about:
• Exceptions to discrimination laws
• Things you can do to address the
situation
• Where to get help
• How to lodge a formal complaint
THE FAIR WORK OMBUDSMAN www.fairwork.gov.au
If discrimination is
happening at work,
you can complain
to the Fair Work
Ombudsman.
They may set up a
mediation between
you and the person
who has
discriminated
against you.
THE AUSTRALIAN HUMAN RIGHTS COMMISSION
The Australian Human Rights commission offers
a similar service to the NSW Anti-Discrimination
Board.
You can call them to talk about your problem and
you can lodge a complaint with them.
They will try to help you and the
person who has discriminated
against you to find a solution to
your problem.
Phone: 1300 656 419
Email: [email protected]
Website: www.humanrights.gov.au
TIME LIMITS
You have a limited amount of time to make a complaint after discrimination
occurs. If this time has run out, organisations may not be able to help you
with your complaint.
Organisation
Time Limit
Australian Human Rights
Commission
No strict time limit
Fair Work Ombudsman
Anything after 1 Jan 2010
NSW Anti-Discrimination
Board
Legal Issue
12 months
Unfair Dismissal
21 Days
Serious Racial Vilification
6 months
Time Limit
VICTIMISATION
It is against the law for someone to punish you or treat you badly
because you have complained about discrimination or harassment.
This is called “victimisation”.
Examples of victimisation that might happen in the workplace
include being
• bullied or intimidated by co-workers;
• denied a promotion;
• moved to a position with less responsibility or less income;
• refused further contract work;
If this happens to you, you can make a formal complaint.
SUMMARY: THINGS YOU CAN DO
Try to solve the
problem informally
Talk to or write to the person
discriminating against you
Talk to their boss or their
department
Is this unlawful
discrimination?
Grounds
Areas
Are there any
exceptions?
Make a formal
complaint
Anti-Discrimination
Board of NSW
Fair Work
Ombudsman
Human Rights
Commission
USEFUL CONTACTS
Organisation
Phone
Website
Hunter Community
Legal Centre
40409120
www.hunterclc.com.au
1300 650 073
Fair Work
Ombudsman
13 13 94
NSW AntiDiscrimination Board
9268 5544
www.antidiscrimination.lawlink.nsw.gov.au
1800 670 812
Australian Human
Rights Commission
9284 9888
www.humanrights.gov.au
1800 620 241
www.fairwork.gov.au
ACKNOWLEDGEMENTS
This presentation has drawn on resources provided in:
• The Discrimination Toolkit: Your Guide to Making a Discrimination Complaint (2nd
Edition, 2011) produced by the Elizabeth Evatt Community Legal Centre, the Kingsford
Legal Centre and Legal Aid NSW
• Factsheets developed by the Anti-Discrimination Board of NSW
• Factsheets developed by the Australian Human Rights Commission
• Factsheets developed by the Fair Work Ombudsman
• A 2012 Anti-Discrimination Workshop delivered by the Rights Advocacy & Support
Program & the Gippsland Community Legal Services

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