Racial discrimination in the workplace

Understanding racial discrimination

Racial discrimination happens when a person is treated less favourably, or not given the same opportunities, as others in a similar situation, because of their race, the country where they were born, their ethnic origin and/or their skin colour. 

Racial discrimination in the workplace

Discrimination can be direct or indirect. 

Some examples of direct racial discrimination include:

• not promoting a person because of assumptions that they will not ‘fit in’ with their co-workers because of their race
• not employing a person from a particular racial group because ‘those people are unreliable’.

Indirect racial discrimination can be less obvious. It can happen when organisations put in place conditions that seem to treat everyone equally, but disadvantage some people. These are some examples of indirect discrimination:

• insisting all workers always speak English, even during their breaks
• prohibiting workers wearing hats or other headwear at work, which can affect people from some racial or ethnic backgrounds. 

Treating a person less favourably can also include harassing them. Harassment can include behaviour such as:

• telling insulting jokes about particular racial groups
• displaying racially offensive posters or screen savers
• making derogatory comments or taunts about a person’s race, ethnic or national origin or skin colour. 

Even one-off incidents can be considered harassment. Some of these behaviours may also be considered to constitute ‘racial hatred’, which is also prohibited under the Racial Discrimination Act 1975 (Cth).

Assuming someone won’t fit in at your workplace because of their race is an example of racial discrimination. 

Impacts of racial discrimination

Racial discrimination can cause physical and psychological harm to the person it is directed at. It can also have broader effects within an organisation. Read more about potential affects in Discrimination and mental health.

Legal responsibilities to prevent racial discrimination   

At the federal level, the Racial Discrimination Act makes it unlawful to discriminate against a person because of their race, colour, descent, national or ethnic origin, or immigrant status. The Act covers all workers, including Commonwealth Government workers, state government workers and private sector workers. It also covers all types of employment, including full-time, part-time and casual workers, contract workers, commission agents, apprentices, trainees and those on probation. 

Under the Act, it is unlawful for employers to discriminate against workers:

• when advertising jobs
• during recruitment and selection processes
• when making decisions about training, transfer and promotion opportunities
• in the terms, conditions and termination of employment. 

Employers may also be found liable for discrimination by their workers or agents if they have not taken all reasonable steps to prevent the discrimination. What counts as ‘reasonable’ varies between organisations. This is called vicarious liability. It is also against the law to victimise a person for making, or proposing to make, certain complaints alleging discrimination.

Where an employer’s conduct contravenes a Commonwealth or State anti-discrimination law, the Fair Work Act 2009 (Cth) also makes it unlawful for employers to take adverse action against a current or prospective worker because of attributes including the person’s race, colour, national extraction and social origin. 

States and territories also have legislation making discrimination on the basis of race unlawful.

This content has been adapted from content created by the Australian Human Rights Commission with permission.