Find More Publications What is racial discrimination? 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.
Racial discrimination Word Racial discrimination occurs when a person is treated less favourably, or not given the same opportunities, as others in a similar situation, because of their race, the country where they were born, their ethnic origin or their skin colour.
The Racial Discrimination Act RDA makes it unlawful to discriminate against a person because of his or her race, colour, descent, national origin or ethnic origin, or immigrant status.
The RDA protects people from racial discrimination in many areas of public life, including employment, education, getting or using services, renting Racial ethnic discrimination buying a house or unit, and accessing public places.
The RDA also makes racial hatred unlawful. Employees and potential employees The RDA makes it unlawful to discriminate when advertising jobs, during recruitment and selection processes, when making decisions about training, transfer and promotion opportunities, and in the terms, conditions and termination of employment.
Examples of racial discrimination in employment could include: For example, Sam, who was born in Ghana, worked in a manufacturing company. The Racial ethnic discrimination also protects people from being treated unfairly because of their association with a person of a particular race, colour or national or ethnic origin.
All types of employers and employment relationships are covered under the RDA, including Commonwealth Government employees, state government employees and private sector employees, full-time, part-time and casual employees, contract workers and commission agents, as well as apprentices, trainees and those on probation.
It also covers recruitment processes organised through labour hire companies and recruitment and employment agencies. Customers The RDA makes it unlawful to discriminate in the provision of services, such as banking and insurance services; services provided by government departments; transport or telecommunication services; professional services, such as those provided by lawyers, doctors or tradespeople; and services provided by restaurants, shops or entertainment venues.
This means that it is against the law for a provider of goods or services to discriminate against a person by: For example, it would be discriminatory if a real estate agent refused to rent a house to a person because they were of a particular race or skin colour.
Direct and indirect discrimination Discrimination can be direct or indirect. Direct discrimination happens when a person is treated less favourably than another person in a similar situation because of his or her race, colour, descent, national or ethnic origin or immigrant status.
For example, it would be direct discrimination if an employer refused to hire a suitably qualified Aboriginal person as a shop assistant and instead hired a less qualified person of a different race because they felt they could lose customers if they had an Aboriginal person working in the shop. Indirect discrimination can be less obvious.
It can happen when employers or service providers put in place conditions, requirements or practices which appear to treat everyone the same but which actually disadvantage some people because of their race, colour, descent, national or ethnic origin or immigrant status.
If the requirement is not reasonable in regards to the circumstances of the case, it could be indirect discrimination. For example, it may be indirect discrimination if a company says that employees must not wear hats or other headwear at work, as this is likely to have an unfair effect on people from certain racial or ethnic backgrounds.
When discrimination is not unlawful Like other anti-discrimination laws, the RDA sets out certain limited circumstances in which it is not unlawful to discriminate against a person on the basis of their race. However, the exceptions included in the RDA are more restricted than those in other anti-discrimination laws and only permit discrimination on the grounds of race or ethnicity in very limited circumstances.
Special measures The primary exception in the RDA involves special measures. Special measures have the goal of fostering greater racial equality by assisting groups of people who face, or have faced, entrenched discrimination so they can have similar access to opportunities as others in the community.
The purpose of this assistance is to increase participation rates of Aboriginal and Torres Strait Islander students in tertiary education to a level equivalent to the non-Indigenous community. However, it can be against the law for an employer to not employ someone or offer them employment opportunities because of their immigrant status.
This does not mean that an employer has to employ someone who does not have a valid work visa. It is also possible for an employee to bring a complaint against his or her employer in relation to discrimination on the basis of nationality under the Australian Human Rights Commission Act — see the fact sheet, Other areas of workplace discrimination.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.
At Swartz Swidler, our racial discrimination attorneys are very aware of the prevalence of color and race discrimination in New Jersey, Pennsylvania and . These design principles developed by the CODA panel are meant to provide guidelines for action to those selecting or developing strategies to improve intergroup relations.
Employers and labor unions have a special role in guarding against unlawful workplace discrimination. Title VII of the Civil Rights Act of prohibits workplace discrimination based on religion, national origin, race, color, or sex. At this time, employers and unions should be particularly sensitive to potential discrimination or harassment against individuals who are - or are perceived to be - Muslim, Arab, .
These design principles developed by the CODA panel are meant to provide guidelines for action to those selecting or developing strategies to improve intergroup relations. An Act relating to the Elimination of Racial and other Discrimination. WHEREAS a Convention entitled the “International Convention on the Elimination of all Forms of Racial Discrimination” (being the Convention a copy of the English text of which is set out in the Schedule) was opened for signature on 21 December