2. Human Rights Act Discrimination Harassment Dispute resolution The Human Rights Commission This session will cover…

3. 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)

4. 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

5. 2. how to keep a job 4. Saying No! to Sexual Discrimination 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.

6. 2. how to keep a job 4. Saying No! to Sexual Discrimination “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

7. 2. how to keep a job 4. Saying No! to Sexual Discrimination In the employment context: Likely scenarios include: Job Ads Interviews Job Offers Raises / Promotions Dismissals

8. 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

9. 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 2. how to keep a job 4. Saying No! to Sexual Discrimination Sexual Harassment

10. 2. how to keep a job 4. Saying No! to Sexual Discrimination 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

11. 2. how to keep a job 4. Saying No! to Sexual Discrimination 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

12. 2. how to keep a job 4. Saying No! to Sexual Discrimination 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

14. The End!1. how to get a job The End!

15. This presentation was put together by: Wellington Community Law Centre PO Box 24005, Wellington 6142 (04) 499 2928 info@wclc.org.nz www.wclc.org.nz Please feel free to download, adapt, improve, distribute, remix, tweak and build upon this presentation. Disclaimer: We’ve made every effort has been made to ensure this information is correct at the time of publication. However, we can’t take responsibility for errors or omissions. Teachers and learners may need to seek specific advice for your particular situation. Where appropriate, we urge you to do so. Visit your local Community Law Centre: www.communitylaw.org.nz THANK YOU