Plain language law

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108A: Adverse treatment in employment of people affected by family violence
or “Employers can't treat you unfairly at work if you've been affected by family violence”

You could also call this:

“When a boss or co-worker says or does mean things about your race that make you feel bad and affect your work”

You can experience racial harassment at work if your employer or someone representing your employer uses words, pictures, or actions that show dislike or make fun of you because of your race, colour, or where you or your family come from. This can happen through things they say, write, show, or do.

For it to be racial harassment, these actions need to hurt your feelings or offend you, even if you don’t tell your employer about it. Also, these actions must harm your work life, either because they’re very bad on their own or because they keep happening over and over.

If you face this kind of treatment, it’s considered a personal grievance under sections 103(1)(e) and 123(d) of the Employment Relations Act 2000. This means you have the right to complain about it and seek help.

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Next up: 110: Duress

or “Forcing workers to join or leave unions through pressure, threats, or rewards is not allowed.”

Part 9 Personal grievances, disputes, and enforcement
Personal grievances

109Racial harassment

  1. For the purposes of sections 103(1)(e) and 123(d), an employee is racially harassed in the employee's employment if the employee's employer or a representative of that employer uses language (whether written or spoken), or visual material, or physical behaviour that directly or indirectly—

  2. expresses hostility against, or brings into contempt or ridicule, the employee on the ground of the race, colour, or ethnic or national origins of the employee; and
    1. is hurtful or offensive to the employee (whether or not that is conveyed to the employer or representative); and
      1. has, either by its nature or through repetition, a detrimental effect on the employee's employment, job performance, or job satisfaction.