Human Rights Act 1993

Unlawful discrimination - Other forms of discrimination

69: Further provision in relation to sexual or racial harassment in employment

You could also call this:

"Protection from harassment at work"

Illustration for Human Rights Act 1993

You can make a complaint to your employer if a customer or client asks you for something that is not okay, like a sexual favour, or if they treat you badly because of your race. You can also complain if someone does something that makes you feel uncomfortable or scared, like saying something mean about your race or making a sexual comment. Your employer must look into what happened and try to stop it from happening again. If someone does something bad to you after you have made a complaint, and your employer does not try to stop it, your employer can get in trouble. You can read more about what is not okay in section 62(1) and section 62(2) or section 63. Your employer should help keep you safe at work. If someone asks you for something that is not okay, or treats you badly, after you have already complained about them, your employer should do something to stop it. You have the right to feel safe at work and your employer should help you. They can get in trouble if they do not help you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304662.

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Part 2Unlawful discrimination
Other forms of discrimination

69Further provision in relation to sexual or racial harassment in employment

  1. Where—

  2. a request of the kind described in section 62(1) is made to an employee; or
    1. an employee is subjected to behaviour of the kind described in section 62(2) or section 63
      1. by a person who is a customer or a client of the employee's employer, the employee may make a complaint in writing about that request or behaviour to the employee's employer.

      2. The employer, on receiving a complaint under subsection (1),—

      3. shall inquire into the facts; and
        1. if satisfied that such a request was made or that such behaviour took place,—
          1. shall take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.

          2. Where any person, being a person in relation to whom an employee has made a complaint under subsection (1),—

          3. either—
            1. makes to that employee after the complaint a request of the kind described in section 62(1); or
              1. subjects that employee after the complaint to behaviour of the kind described in section 62(2) or section 63; and
              2. the employer of that employee has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,—
                1. that employer shall be deemed to have committed a breach of this Act and the provisions of this Act shall apply accordingly.