Skip to content
Get in touch
Discrimination

Discrimination in the Workplace

What It Is

Workplace discrimination happens when an employer treats you unfairly or disadvantages you because of a protected characteristic.

In New Zealand, these characteristics are defined by the Human Rights Act 1993 (HRA 1993, s 21) and include: sex, race, colour, age, disability, marital status, religious belief, ethical belief, sexual orientation, family status, political opinion, employment status, and ethnic or national origin.

In employment, discrimination may manifest as refusal to hire, unfair dismissal, unequal pay, exclusion from promotion, hostile workplace conduct, or harassment.

Your Rights and the Law

  • ERA 2000, s 103(1)(c) – You can raise a personal grievance if you have been discriminated against by your employer.
  • ERA 2000, s 4 – Requires employers to act in good faith and avoid conduct likely to mislead or disadvantage employees.
  • HRA 1993, ss 21–23 – Makes it unlawful to discriminate in employment, recruitment, training, and promotion.
  • HRA 1993, s 62 – Prohibits sexual harassment as a special category of discrimination.
  • HRA 1993, s 63 – Prohibits racial and other harassment.
  • ERA 2000, s 103A – Applies the “fair and reasonable employer” test to determine whether conduct was justifiable.

The Employment Court and Human Rights Review Tribunal (HRRT) have concurrent jurisdiction over discrimination depending on how the complaint is raised.

Process (How a Case Generally Proceeds)

  1. Document the Conduct – Keep records of discriminatory comments, treatment, or decisions.
  2. Raise an Internal Complaint – Ask for an investigation under your workplace policy.
  3. Raise a Personal Grievance – Must be within 90 days of the discrimination event under ERA 2000 s 114.
  4. Mediation – The Ministry of Business, Innovation & Employment (MBIE) provides free mediation to seek early resolution. The process is voluntary and both parties must agree to attend. Most cases reach resolution at Mediation.
  5. Employment Relations Authority (ERA) – If unresolved, we file a Statement of Problem for ERA determination.
  6. Employment Court / HRRT – Either may hear appeals or decide complex discrimination cases.

Potential Outcomes / Remedies

  • Compensation for hurt, humiliation, and injury to feelings (ERA 2000 s 123(1)(c)(i)).
  • Lost wages or denied opportunities reinstated.
  • Reinstatement or promotion where suitable.
  • Public declarations / penalties for serious or deliberate discrimination.
  • Training orders or policy reviews imposed on the employer.
  • Interest and costs where monetary awards apply.

Take Action Today

If you’ve been treated unfairly because of your gender, race, disability, beliefs, or any protected characteristic, you have strong rights under the HRA 1993 and ERA 2000. Get in touch with us to arrange a no-obligation consultation about your situation. We’ll assess your case, explain your options, help gather evidence, request your employment file, and help you pursue the justice and compensation you deserve.