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Human Rights and Discrimination in Employment. This session will cover…. This session will cover…. Human Rights Act Discrimination Harassment Dispute resolution The Human Rights Commission . Human rights act (1993). 1. how to get a job. Human Rights Act (1993).

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this session will cover
This session will cover…

This session will cover…

  • Human Rights Act
  • Discrimination
  • Harassment
  • Dispute resolution
  • The Human Rights Commission
human rights act 1993
Human rights act (1993)

1. how to get a job

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)
grounds for discrimination
“Grounds” for discrimination

1. how to get a job

“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
indirect discrimination
Indirect discrimination

4. Saying No! to Sexual Discrimination

2. how to keep a job

Indirect 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.
unlawful discrimination
“unlawful” discrimination

4. Saying No! to Sexual Discrimination

2. how to keep a job

“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
in the employment context
In the employment context:

4. Saying No! to Sexual Discrimination

2. how to keep a job

In the employment context:

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

2. how to keep a job

2. how to keep a job

2. Dealing with Pregnancy & Parenthood

Racial 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

4. Saying No! to Sexual Discrimination

2. how to keep a job

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
resolving disputes two options
Resolving disputes: Two options

4. Saying No! to Sexual Discrimination

2. how to keep a job

Resolving Disputes

  • 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
human rights commission
Human rights commission

4. Saying No! to Sexual Discrimination

2. how to keep a job

Human Rights Commission (HRC)

  • 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
human rights review tribunal
Human rights review tribunal

4. Saying No! to Sexual Discrimination

2. how to keep a job

Human 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
any p tai questions
Any pātai (questions)?

The End!

1. how to get a job

The End!